§ 7A-39.14. Recall by Chief Justice of retired or emergency justices or judges for temporary vacancy.
§ 7A‑39.14. Recall byChief Justice of retired or emergency justices or judges for temporary vacancy.
(a) In addition to theauthority granted to the Chief Justice under G.S. 7A‑39.5 to recallemergency justices and under G.S. 7A‑39.13 to recall retired justices,the Chief Justice may recall not more than one retired or emergency justice orretired emergency judge of the Court of Appeals, including an emergency justiceor judge whose commission has expired because he has reached the mandatoryretirement age, in the following circumstances:
(1) If a vacancy existson the Supreme Court, he may recall an emergency or retired justice to serve onthat court until the vacancy is filled in accordance with law.
(2) If a vacancy existson the Court of Appeals, he may recall an emergency or retired justice of theSupreme Court or judge of the Court of Appeals to serve on the Court of Appealsuntil the vacancy is filled in accordance with law.
(3) With the concurrenceof a majority of the Supreme Court, he may recall an emergency or retiredjustice to serve on the Supreme Court in place of a sitting justice who, asdetermined by the Chief Justice, is temporarily unable to perform all of theduties of his office.
(4) With the concurrenceof a majority of the Supreme Court, he may recall an emergency or retiredjustice of the Supreme Court or judge of the Court of Appeals to serve on theCourt of Appeals in place of a sitting judge who, as determined by the ChiefJustice, is temporarily unable to perform all of the duties of his office.
(b) No judge or justicemay be recalled unless he consents to the recall. Orders of recall issuedpursuant to this section must be in writing and entered on the minutes of thecourt. In addition, if the judge or justice is recalled pursuant to subdivision(a)(3) or (a)(4), the order shall contain a finding by the Chief Justicesetting out, in detail, the reason for the recall.
(c) A judge or justicerecalled pursuant to subdivision (a)(1) or (a)(2) of this section:
(1) Has the sameauthority and jurisdiction granted to emergency justices and judges under G.S.7A‑39.7;
(2) Is subject to rulesadopted pursuant to G.S. 7A‑39.8 regarding filing of opinions and othermatters; and
(3) Is compensated asare other retired or emergency justices or judges recalled for service pursuantto G.S. 7A‑39.5 or G.S. 7A‑39.13.
(d) A judge or justicerecalled pursuant to subdivision (a)(3) or (a)(4) of this section:
(1) Has the sameauthority and jurisdiction granted to emergency justices and judges under G.S.7A‑39.7;
(2) Is subject to rulesadopted pursuant to G.S. 7A‑39.8 regarding filing of opinions and othermatters;
(3) May, after thereturn of the judge or justice in whose place he was sitting, complete theduties assigned to him before the return of that judge or justice; and
(4) Is compensated asare other retired or emergency justices or judges recalled for service pursuantto G.S. 7A‑39.5 or G.S. 7A‑39.13.
(e) A retired oremergency justice or judge may serve on the Supreme Court or Court of Appealspursuant to subdivision (a)(3) or (a)(4) only if he is recalled to servetemporarily in place of a sitting justice or judge who is not temporarilyincapacitated under circumstances that would permit temporary service of theretired or emergency justice or judge pursuant to G.S. 7A‑39.5 or G.S. 7A‑39.13.This section does not authorize more than seven justices to serve on theSupreme Court at any given time, nor does it authorize more than 15 justicesand judges to serve on the Court of Appeals at any given time. In no case maymore than one emergency justice or emergency judge serve on one panel of theCourt of Appeals at any given time.
(f) Repealed bySession Laws 1989, c. 795, s. 27.1. (1985, c. 698, s. 15(a), (b); 1985 (Reg. Sess.,1986), c. 851, s. 3; c. 1014, s. 225; 1987, c. 703, s. 5; c. 738, ss. 131(a),(b); 1989, c. 795, s. 27.1; 2009‑570, s. 1.)