GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 873
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 appellate division of the General
Court of Justice may continue in office beyond the last day of the month in
which he attains his seventy-second birthday, and no judge of the superior
court or district court division of the General Court of Justice may continue
in office beyond the last day of the month in which he attains his seventieth
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."
Sec. 2. G.S. 135-57(b) reads as rewritten:
"(b) Any member who is a
justice or judge of the appellate division of the General Court of
Justice shall be automatically retired as of the first day of the calendar
month coinciding with or next following the later of January 1, 1974, or his
attainment of his seventy-second birthday and each other member shall be
automatically retired as of the first day of the calendar month coinciding with
or next following the later of January 1, 1974, or his attainment of his
seventieth 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."
Sec. 3. This act is effective upon ratification, and shall apply to judges or justices retiring on or after that date.
In the General Assembly read three times and ratified this the 7th day of July, 1992.
James C. Gardner
President of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives