Subject to approval by the voters at the statewide May 8, 2012 primary election, amends Sections 16 and 6(1) of Article IV of the North Carolina Constitution. Makes conforming changes to various provisions of the General Statutes, if the proposed constitutional amendments are approved.
Constitutional Amendments. Current law provides for the election of judges of the Superior Court, judges of the Court of Appeals, and justices of the Supreme Court. This act retains elections for Superior Court judges but creates a new appointment and confirmation process for Court of Appeals Judges and Supreme Court Justices, beginning with all vacancies on those two courts existing or arising on or after June 1, 2012 or upon the expiration of a term when the incumbent was not confirmed or did not stand for confirmation. To fill such a vacancy, the Governor will appoint a person for a term that extends through the last day of February after the next general election for members of the General Assembly that is held more than 24 months after the appointment. At that election, the judge or justice will be subject to voter approval in a confirmation election, and will serve a regular term beginning March 1 after the election, if successful. States the regular term of office for justices and judges of the appellate division is eight years and expires on the last day of February. Provides the judge or justice, at the conclusion of an eight-year term, will be subject to a confirmation election during the general election next preceding the last day of February of the year that the term will expire. If the voters fail to confirm the judge or justice, the office will become vacant at the end of the term and the Governor will appoint a replacement as provided above.
The term of an elected appellate judge or justice in office before June 1, 2012 and continuing in that office, will be extended to the last day of February of the year following the eighth year after the date the judge or justice was elected. If the judge or justice wishes to remain in office at the end of that term, he or she must sit for a confirmation election as provided above.
The term of appointed appellate judges or justices in office before June 1, 2012, and continuing in that office will end on February 28, 2013. If the judge or justice wishes to remain in office after that date, he or she must sit for a confirmation election in the 2012 general election.
States that any vacancy resulting from the death, resignation, removal, or retirement of any incumbent judge or justice on or after June 1, 2012, and before the expiration of that person's term will be filled by appointment. Vacancies occurring before June 1, 2012, will be filled by appointment.
Allows the General Assembly to implement the above provisions by general law.
The act proposes the following amendments to Section 6(1) of Article IV of the NC Constitution: (1) authorizes the General Assembly to increase the number of Supreme Court Justices to nine (rather than eight), and (2) directs the General Assembly to provide by law which Justice will serve as Chief Justice. Makes a conforming change and makes the language gender neutral.
Statutory Provisions. Enacts new Article 1A to GS Chapter 7A to codify the proposed constitutional amendments. Specifies that no election for judges or justices of the appellate division will be held in 2012 or thereafter, but confirmation elections will instead be held. Sets forth filing and election guidelines, and clarifies that confirmation elections are nonpartisan.
Amends GS 7A-10 (concerning the organization of Supreme Court Justices) to direct the Governor to select one of the justices to serve concurrently as Chief Justice, provided that justice is either serving an elective term or has been approved in a confirmation election. The Chief Justice holds the office for six years. Details additional matters related to the office of the Chief Justice. Makes conforming changes.
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Amends GS 7A-16 (concerning the Court of Appeals) to state the Court of Appeals consists of 15 judges, with the Chief Judge selected by the Supreme Court Chief Justice. Deletes provisions pertaining to previous judge appointments and terms.
Makes conforming changes to GS 163-1, GS 163-9, and various sections of Article 25 (Subchapter X) of GS Chapter 163.
Repeals all provisions of Article 22D [the North Carolina Public Campaign Financing Fund (Fund)] of GS Chapter 163 except GS 163-278.69 (judicial voter education guide), and diverts any remaining monies in the Fund to the State Board of Elections to support the Voter Guide.
Amends GS 163-278.69 to require the Judicial Voter Guide to also include information on any negative disciplinary actions recommended by the Judicial Standards Commission or imposed by the Supreme Court on any candidate, as indicated. Deletes from the list of items requested by the Board of Elections for inclusion in the Guide: (1) the candidate's employer and (2) portions of the candidate statement indicating what distinguishes the candidate from opponents, and the candidate's acceptance of spending and fund raising limits to qualify for public campaign funds. Makes other conforming changes.
Makes conforming changes, removing Article 22D from the purview of GS 163-278.5 (regulating political campaign contributions and expenditures) and GS 163-278.23 (duties of the Executive Director of the State Board of Elections). Repeals GS 163-278.13(e2) (concerning contribution limits for judges and justices of the appellate division). Repeals GS 105-159.2 (allocation of tax to the Fund).
Includes details for suspending candidate filing for Supreme Court and Court of Appeals races for 2012 and alternative instructions based on whether the amendments are approved.