NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1171

SENATE BILL 59

AN ACT TO PROVIDE FOR AN ADDITIONAL RESIDENT JUDGE IN THE FIFTH JUDICIAL DISTRICT.

The General Assembly of North Carolina do enact:

Section 1.  There is hereby created the office of additional resident judge of the fifth judicial district effective as of January 1, 1970. The Governor shall appoint this additional resident judge for the fifth judicial district on or after September 1, 1969, to take office on January 1, 1970. The successor of the Governor's appointee shall be chosen in the manner prescribed by law for other Resident Superior Court Judges in the general election of 1970 to serve for the unexpired portion of the term of eight years which began as of January 1, 1969, and his successors shall be chosen thereafter in the manner and serve for the same term as prescribed for other Resident Superior Court Judges.

Sec. 2.  The present resident judge of the fifth judicial district shall be the senior resident judge of the district.

Sec. 3.  The additional resident judge of the fifth judicial district shall, in respect to the exercise of judicial power, have equal jurisdiction, authority and status with the senior resident judge of such district; but all duties placed by the Constitution or statutes on the resident judge of a judicial district, including the appointment to and removal from office, which are not related to a case, controversy, or judicial proceeding and which do not involve the exercise of judicial power, shall be discharged by the resident judge of the judicial district senior in point of continuous service on the Superior Court; and if two judges be of equal seniority, then by the judge who is senior in point of age.

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 1st day of July, 1969.