§ 7A-39.9. Chief Justice and Chief Judge may recall and terminate recall of justices and judges; procedure when Chief Justice or Chief Judge incapacitated.
§ 7A‑39.9. ChiefJustice and Chief Judge may recall and terminate recall of justices and judges;procedure when Chief Justice or Chief Judge incapacitated.
(a) Decisions of the Chief Justice and the Chief Judge regardingrecall of emergency justices and emergency judges, when not in conflict withthe provisions of this Article, are final.
(b) The Chief Justice or Chief Judge, may, at any time, in hisdiscretion, cancel any order of recall issued by him or fix the terminationdate thereof.
(c) Whenever the Chief Justice is the justice in whose behalf anemergency justice is recalled to temporary service, the powers vested in him asChief Justice by this article shall be exercised by the associate justicesenior in point of time served on the Supreme Court. Whenever the Chief Judgeis the judge in whose behalf an emergency judge or justice is recalled totemporary service the powers vested in him as Chief Judge by this article shallbe exercised by the associate judge senior in point of time served on the Courtof Appeals. If two or more judges have served the same length of time on theCourt of Appeals, the eldest shall be deemed the senior judge. (1967, c. 108, s. 1; 1985, c. 698, s. 16(d), (e).)