Bill Summary for S 339 (2025-2026)

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Summary date: 

Mar 19 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 339 (Public) Filed Wednesday, March 19, 2025
AN ACT TO REINSTATE STATE BAR COUNCIL APPOINTMENTS TO THE JUDICIAL STANDARDS COMMISSION AND TO REINSTATE FORMER PROVISIONS REGARDING DISCIPLINARY PROCEDURES FOR JUSTICES AND JUDGES.
Intro. by Everitt.

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Bill summary

Section 1.

Changes the composition of the Judicial Standards Commission (JSC) under GS 7A-375 to four members of the State Bar who have actively practiced in the state courts for at least ten years appointed by the State Bar Council (SBC) (was, four appointees are judges appointed as described by the Speaker of the House and President Pro Tempore of the Senate).  Effective when the act becomes law and results in the immediate conclusion of the terms of each of the four members of the JSC previously appointed by the NCGA. Directs that the four seats on the Commission will be filled for new terms by SBC, as directed by the act.

Section 2.

Amends public reprimand under GS 7A-374.2 (definitions pertaining to the JSC) so that it means a written action of the JSC issued upon its findings and that the finding is minor (as described) and does not warrant a recommendation by the JSC that the judge be disciplined by the Supreme Court. (Currently, definition pertains to findings by the Supreme Court under described circumstances.) Makes conforming changes to GS 7A-376 (grounds for discipline by the JSC). Reenacts GS 7A-377(a4) (pertaining to service in relation to a public reprimand and further disciplinary proceedings) as it existed immediately before its repeal.  Amends GS 7A-377 (procedures) as amended by the act, as follows. Removes confidentiality protections for disciplinary charging documents and other pleadings should the SBC institute disciplinary proceedings after investigating a complaint. Makes conforming changes.

Enacts GS 7A-378.1, governing censure, suspension, or removal of a justice of the Supreme Court upon recommendation of the JSC, as follows. Requires panel of the Court of Appeals consisting of the Chief Judge and six most senior judges in services to hear such proceedings. Provides for recusals and vacancies.    

Applies to disciplinary actions taken against justices or judges on or after the act becomes law, including disciplinary actions taken in proceedings which began prior to that date.