Bill Summaries: H532 MODIFY JUDICIAL RETIREMENT AGES.

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  • Summary date: Mar 30 2023 - View Summary

    Repeals Article 1B, GS Chapter 7A (GS 7A-4.20 and GS 7A-4.21), which prohibits judges and justices from serving beyond the last day of the month of their 72nd birthday except for temporary service.

    Adds a new provision to GS 7A-5, prohibiting appellate judges and justices from serving in office beyond the last day of the year of their 76th birthday except for temporary service. Changes the caption and implements subsections.

    Makes conforming changes to replace the statutory cross-references in GS 7A-39.3(a), GS 7A-39.6, and GS 7A-39.15(a) to now repealed GS 7A-4.20 with references to new GS 7A-5(b).

    Enacts GS 7A-40.1, prohibiting superior court judges from continuing in office beyond the last day of the year of their 72nd birthday except for temporary service. Amends GS 7A-45.2 to make organizational changes, conforming changes to replace the statutory cross-references of now repealed GS 7A-4.20 with references to new GS 7A-5(b) or GS 7A-40.1 as appropriate, and clarifying changes.

    Similarly enacts GS 7A-140.1, prohibiting district court judges from continuing in office beyond the last day of the year of their 72nd birthday except for temporary service. 

    Makes conforming changes to statutory cross-references in GS 7A-170, GS 7A-52(a), and GS 7A-53 to refer to new GS 7A-40.1 and GS 7A-140.1, as appropriate. Makes language gender neutral. 

    Makes conforming changes to GS 7A-170, prohibiting magistrates from serving beyond the last day of the year of year of the mandatory retirement age of district court judges specified in new GS 7A-140.1 (previously, tied to the mandatory retirement age in now repealed GS 7A-4.20).

    Amends GS 135-57, setting automatic retirement for members of the Consolidated Judicial Retirement System at the last day of the calendar year in which the justice or judge reaches the maximum age for judicial service under new GS 7A-5(b), GS 7A-40.1, or GS 7A-140.1, as applicable. 

    Specifies that the act does not automatically halt the retirement process of a justice, judge, or magistrate that has already initiated the process upon the act becoming law.


  • Summary date: Mar 29 2023 - View Summary

    To be summarized.