The State Budget Act Amends the Term of Office for Appointed District Court Judges

It is a new year, and there are new rules for determining the term of office for a district court judge appointed to fill a vacancy. First, some background. Judicial vacancies are filled by appointment of the governor.  This is a constitutional requirement for appellate and superior court judges, see N.C. Const. Art. IV, § 19, and a statutory requirement for the office of district court judge, see N.C. Const. Art. IV, § 10 (providing that vacancies in the office of district court judge are filled for the unexpired term “in a manner prescribed by law”); G.S. 7A-142 (providing for appointment by the governor). Justices and judges appointed to fill vacancies in the appellate and superior courts hold their places until the next general election that is held more than 60 days after the vacancy occurs. N.C. Const. Art. IV, § 19; G.S. 163-9. At that time, an election must be held to fill the office. The winner of that election assumes the judicial office for a new eight-year term beginning January 1 following the election. A paper by my former colleague, Michael Crowell, available here, and a blog post by my colleague Jim Drennan, available here, recount the legislative history that led to the current method for filling those vacancies. Before passage of the 2021 State Budget Act, G.S. 7A-142 provided that a vacancy in the office of district court judge was filled by gubernatorial appointment for the unexpired term, rather than just until the next general election. The difference in treatment of [...]