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Constitution of North Carolina

ARTICLE IV Judicial

Sec. 22. Qualification of Justices and Judges.

Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Court, or Judge of District Court. This section shall not apply to persons elected to or serving in such capacities on or before January 1, 1981.

(1979, c. 638, s. 1.)

Editor's Note. - This section was added by constitutional amendment adopted by vote of the people at the election held November 4, 1980, and became effective January 1, 1981.



CASE NOTES

Cited in Baker v. Martin, 330 N.C. 331, 410 S.E.2d 887 (1991); Comer v. Ammons, 135 N.C. App. 531, 522 S.E.2d 77 (1999).



Opinions of Attorney General



A layman serving as a District Court Judge on and prior to January 1, 1981, may resign or not seek reelection and still be qualified as a candidate for judge in a subsequent election under this section. See opinion of Attorney General to Honorable Arnold O. Jones, District Court Judge, Eighth District, 50 N.C.A.G. 107 (1981).
A layman serving as a District Court Judge on and prior to January 1, 1981, is eligible for appointment or election to the Office of Judge of the Superior Court. See opinion of Attorney General to The Honorable Arnold O. Jones, District Court Judge, 1998 N.C.A.G. 27 (6/23/98).


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