GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE DRH30017-LL-44 (1/18)
Short Title: Amend Mand. Retire. Age/Judges & Magistrates.
Representatives McNeill, Hurley, Bishop, and Stam (Primary Sponsors).
A BILL TO BE ENTITLED
AN ACT to amend the mandatory retirement age for magistrates, judges, and justices of the General Court of Justice to require retirement on december 31 of the year the Magistrate, judge, or justice attains the age of 72.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A‑4.20 reads as rewritten:
"§ 7A‑4.20. Age limit for service as justice or judge: exception.
No justice or judge of the General Court of Justice may
continue in office beyond the last day of
the month December of the
year in which he the judge attains his or her seventy‑second
birthday, but justices and judges so retired may be recalled for periods of
temporary service as provided in Subchapters II and III of this chapter."
SECTION 2. G.S. 7A‑170(b) reads as rewritten:
"(b) No magistrate may continue in office beyond
the last day of
the month December of the year in which the
magistrate reaches the mandatory retirement age for justices and judges of the
General Court of Justice specified in G.S. 7A‑4.20."
SECTION 3. G.S. 135‑57(b) reads as rewritten:
"(b) Any member who is a justice or judge of the
General Court of Justice shall be automatically retired as of the first day of
calendar month coinciding with or next following the later of January 1, 1974,
or his January following the member's attainment of his or her seventy‑second
birthday; provided, however, that no judge who is a member on January 1,
1974, shall be forced to retire under the provisions of this subsection at an
earlier date than the last day that he is permitted to remain in office under
the provisions of G.S. 7A‑4.20.birthday."
SECTION 4. This act becomes effective January 1, 2016, and applies to magistrates, judges, and justices holding office on or after that date.