§ 7A-16. Creation and organization.
Article 4.
Court of Appeals.
§ 7A‑16. Creation andorganization.
The Court of Appeals iscreated effective January 1, 1967. It shall consist initially of six judges,elected by the qualified voters of the State for terms of eight years. TheChief Justice of the Supreme Court shall designate one of the judges as ChiefJudge, to serve in such capacity at the pleasure of the Chief Justice. Beforeentering upon the duties of his office, a judge of the Court of Appeals shalltake the oath of office prescribed for a judge of the General Court of Justice.
The Governor on or after July1, 1967, shall make temporary appointments to the six initial judgeships. Theappointees shall serve until January 1, 1969. Their successors shall be electedat the general election for members of the General Assembly in November, 1968,and shall take office on January 1, 1969, to serve for the remainder of theunexpired term which began on January 1, 1967.
Upon the appointment of atleast five judges, and the designation of a Chief Judge, the court isauthorized to convene, organize, and promulgate, subject to the approval of theSupreme Court, such supplementary rules as it deems necessary and appropriatefor the discharge of the judicial business lawfully assigned to it.
Effective January 1, 1969, thenumber of judges is increased to nine, and the Governor, on or after March 1,1969, shall make temporary appointments to the additional judgeships thuscreated. The appointees shall serve until January 1, 1971. Their successorsshall be elected at the general election for members of the General Assembly inNovember, 1970, and shall take office on January 1, 1971, to serve for theremainder of the unexpired term which began on January 1, 1969.
Effective January 1, 1977, thenumber of judges is increased to 12; and the Governor, on or after July 1,1977, shall make temporary appointments to the additional judgeships thuscreated. The appointees shall serve until January 1, 1979. Their successorsshall be elected at the general election for members of the General Assembly inNovember, 1978, and shall take office on January 1, 1979, to serve theremainder of the unexpired term which began on January 1, 1977.
On or after December 15, 2000,the Governor shall appoint three additional judges to increase the number ofjudges to 15.
The Court of Appeals shall sitin panels of three judges each. The Chief Judge insofar as practicable shallassign the members to panels in such fashion that each member sits asubstantially equal number of times with each other member. He shall presideover the panel of which he is a member, and shall designate the presiding judgeof the other panel or panels.
Three judges shall constitutea quorum for the transaction of the business of the court, except as may beprovided in G.S. 7A‑32.
In the event the Chief Judgeis unable, on account of absence or temporary incapacity, to perform the dutiesplaced upon him as Chief Judge, the Chief Justice shall appoint an acting ChiefJudge from the other judges of the Court, to temporarily discharge the dutiesof Chief Judge. (1967,c. 108, s. 1; 1969, c. 1190, s. 3; 1973, c. 301; 1977, c. 1047; 2000‑67,s. 15.5(a); 2004‑203, s. 16.)