§ 7A-375. Judicial Standards Commission.
§ 7A‑375. JudicialStandards Commission.
(a) The JudicialStandards Commission shall consist of the following residents of NorthCarolina: one Court of Appeals judge, two superior court judges, and twodistrict court judges, each appointed by the Chief Justice of the SupremeCourt; four members of the State Bar who have actively practiced in the courtsof the State for at least 10 years, elected by the State Bar Council; and fourcitizens who are not judges, active or retired, nor members of the State Bar,two appointed by the Governor, and two appointed by the General Assembly inaccordance with G.S. 120‑121, one upon recommendation of the PresidentPro Tempore of the Senate and one upon recommendation of the Speaker of theHouse of Representatives. The Court of Appeals judge shall act as chair of theCommission.
(b) The Court ofAppeals judge shall serve at the pleasure of the Chief Justice. Terms of otherCommission members shall be for six years. No member who has served a full six‑yearterm is eligible for reappointment. If a member ceases to have thequalifications required for the member's appointment, that person ceases to bea member. Vacancies of members, other than those appointed by the GeneralAssembly, are filled in the same manner as the original appointment, for theremainder of the term. Vacancies of members appointed by the General Assemblyare filled as provided under G.S. 120‑122. Members who are not judges areentitled to per diem and all members are entitled to reimbursement for traveland subsistence expenses at the rate applicable to members of State boards andcommissions generally, for each day engaged in official business.
(c) If a member of theCommission who is a judge becomes disabled, or becomes a respondent before theCommission, the Chief Justice shall appoint an alternate member to serve duringthe period of disability or disqualification. The alternate member shall befrom the same division of the General Court of Justice as the judge whose placethe alternate member takes. If a member of the Commission who is not a judgebecomes disabled, the Governor, if he appointed the disabled member, shallappoint, or the State Bar Council, if it elected the disabled member, shallelect, an alternate member to serve during the period of disability. If amember of the Commission who is not a judge and who was appointed by theGeneral Assembly becomes disabled, an alternate member shall be appointed toserve during the period of disability in the same manner as if there were avacancy to be filled under G.S. 120‑122. In a particular case, if amember becomes disqualified, or is successfully challenged for cause, themember's seat for that case shall be filled by an alternate member selected asprovided in this subsection.
(d) A member may serveafter expiration of the member's term only to participate until the conclusionof a disciplinary proceeding begun before expiration of the member's term. Suchparticipation shall not prevent the successor from taking office, but thesuccessor may not participate in the proceeding for which the predecessor'sterm was extended. This subsection shall apply also to any judicial memberwhose membership on the Commission is automatically terminated by retirement orresignation from judicial office, or expiration of the term of judicial office.
(e) Members of theCommission and its employees are immune from civil suit for all conductundertaken in the course of their official duties.
(f) The chair of theCommission may employ, if funds are appropriated for that purpose, an executivedirector, Commission counsel, investigator, and any support staff as may benecessary to assist the Commission in carrying out its duties. With theapproval of the Chief Justice, for specific cases, the chair also may employspecial counsel or call upon the Attorney General to furnish counsel. Inaddition, with the approval of the Chief Justice, for specific cases, the chairor executive director also may call upon the Director of the State Bureau ofInvestigation to furnish an investigator who shall serve under the supervisionof the executive director. While performing duties for the Commission, theexecutive director, counsel, and investigator have authority throughout theState to serve subpoenas or other process issued by the Commission in the samemanner and with the same effect as an officer authorized to serve process ofthe General Court of Justice.
(g) The Commission mayadopt, and may amend from time to time, its own rules of procedure for theperformance of the duties and responsibilities prescribed by this Article,subject to the approval of the Supreme Court. (1971, c. 590, s. 1; 1973, c. 50; 1975, c. 956, s. 13;1997‑72, s. 1; 2006‑187, s. 11.)