Bill Summary for H 34 (2021-2022)

Summary date: 

Jan 28 2021

Bill Information:

View NCGA Bill Details2021
House Bill 34 (Public) Filed Thursday, January 28, 2021
AN ACT TO REMOVE THE AGE LIMIT FOR JUSTICES AND JUDGES OF THE GENERAL COURT OF JUSTICE AND MAGISTRATES.
Intro. by Warren, C. Smith, Moffitt, Zachary.

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Bill summary

Repeals GS 7A-4.20, which restricts justices and judges from serving beyond the last month of the justice or judge's seventy-second birthday, with limited exceptions for recalls for temporary service. Makes conforming changes to eliminate references to the mandatory retirement age specified in GS 7A-4.20, as repealed, in the following statutes concerning the commission of emergency justices or judges and recalls of retired or emergency justices or judges: GS 7A-39.3; GS 7A-39.6; GS 7A-39.14; GS 7A-39.15; GS 7A-45.2; 7A-45.3; 7A-52; 7A-53; and 7A-170. Makes conforming repeals to the following: GS 7A-39.13 (Recall of active and emergency justices and judges who have reached mandatory retirement age); GS 7A-57 (Recall of active and emergency trial judges who have reached mandatory retirement age); GS 135-57(b) (concerning automatic retirement of justice and judge members of the Teachers' and State Employees' Retirement System once the statutory mandatory retirement age is reached). Makes technical and clarifying changes, as well as further conforming changes, throughout the statutes identified. Makes statutory language gender neutral throughout the statutes identified. Clarifies that the act does not invalidate retirement applications submitted prior to the act's effective date. 

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