GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 98
The General Assembly of North Carolina enacts:
Section 1. G.S. 163-9 reads as rewritten:
"§ 163-9. Filling vacancies in State and district judicial offices.
Vacancies occurring in the offices of Justice of the Supreme
Court, judge of the Court of Appeals, and judge of the superior court for causes
other than expiration of term shall be filled by appointment of the
Governor. An appointee to the office of Justice of the Supreme Court
or judge of the Court of Appeals shall hold office until January 1 next
following the election for members of the General Assembly that is held more
than 60 days after the vacancy occurs, at which time an election shall be held
for an eight-year term and until a successor is elected and qualified. An
appointee to the office of judge of superior court shall hold his place
until the next election for members of the General Assembly that is held more
than 60 days after the vacancy occurs, at which time an election shall be held
to fill the unexpired term of the office: Provided, that when office.
When the unexpired term of the office in which the vacancy has occurred
expires on the first day of January succeeding the next election for members of
the General Assembly, the Governor shall appoint to fill that vacancy for the
unexpired term of the office.
Vacancies in the office of district judge which occur before the expiration of a term shall not be filled by election. Vacancies in the office of district judge shall be filled in accordance with G.S. 7A-142."
Sec. 2. The terms of office of all duly elected judges of the Supreme Court and Judges of the Court of Appeals who are not already serving full eight-year terms of office are as follows:
(1) For the Court of Appeals seat now occupied by Joseph R. John, Sr., no election shall be held in 1998 for a full term, and the holder of that seat shall serve until a successor is elected in 2000 and qualifies. The succeeding term begins January 1, 2001.
(2) For the Court of Appeals seat now occupied by Ralph A. Walker, no election shall be held in 1998 for a full term, and the holder of that seat shall serve until a successor is elected in 2002 and qualifies. The succeeding term begins January 1, 2003.
(3) For the Court of Appeals seat now occupied by Mark D. Martin, no election shall be held in 1998 for a full term, and the holder of that seat shall serve until a successor is elected in 2002 and qualifies. The succeeding term begins January 1, 2003.
Sec. 3. If any provision of this act is held invalid by a court of competent jurisdiction, such holding shall invalidate the remaining provisions of this act, so that its provisions are inseparable.
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 23rd day of May, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives