North Carolina General Statutes
Article 6 - Retirement of Justices and Judges of the Appellate Division; Retirement Compensation; Recall to Emergency Service; Disability Retirement.
§ 7A-39.3 - Retired justices and judges may become emergency justices and judges subject to recall to active service; compensation for emergency justices and judges on recall.

7A-39.3. Retired justices and judges may become emergency justices and judges subject to recall to active service; compensation for emergency justices and judges on recall.
(a) Justices of the Supreme Court and judges of the Court of Appeals who have not reached the mandatory retirement age specified in G.S. 7A-4.20, but who have retired under the provisions of G.S. 7A-39.2, or under the Uniform Judicial Retirement Act after having completed 12 years of creditable service, may apply as provided in G.S. 7A-39.6 to become emergency justices or judges and upon being commissioned as an emergency justice or emergency judge shall be subject to temporary recall to active service in place of a justice or judge who is temporarily incapacitated as provided in G.S. 7A-39.5.
(b) In addition to the compensation or retirement allowance he would otherwise be entitled to receive by law, each emergency justice or emergency judge recalled for temporary active service shall be paid by the State his actual expenses, plus three hundred dollars ($300.00) for each day of active service rendered upon recall. No recalled retired or emergency justice or judge shall receive from the State total annual compensation for judicial services in excess of that received by an active justice or judge of the bench to which the justice or judge is being recalled. (1967, c. 108, s. 1; 1973, c. 640, s. 3; 1977, c. 736, s. 1; 1979, c. 884, s. 1; 1981, c. 455, s. 3; c. 859, s. 46; 1981 (Reg. Sess., 1982), c. 1253, s. 2; 1983, c. 784; 1985, c. 698, ss. 9(a), 16(b); 1987 (Reg. Sess., 1988), c. 1086, s. 31(a); 2002-159, s. 25.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 7A - Judicial Department

Article 6 - Retirement of Justices and Judges of the Appellate Division; Retirement Compensation; Recall to Emergency Service; Disability Retirement.

§ 7A-39.1 - Justice, emergency justice, judge and emergency judge defined.

§ 7A-39.2 - Age and service requirements for retirement of justices of the Supreme Court and judges of the Court of Appeals.

§ 7A-39.3 - Retired justices and judges may become emergency justices and judges subject to recall to active service; compensation for emergency justices and judges on recall.

§ 7A-39.4 - Retirement creates vacancy.

§ 7A-39.5 - Recall of emergency justice or emergency judge upon temporary incapacity of a justice or judge.

§ 7A-39.6 - Application to the Governor; commission as emergency justice or emergency judge.

§ 7A-39.7 - Jurisdiction and authority of emergency justices and emergency judges.

§ 7A-39.8 - Court authorized to adopt rules.

§ 7A-39.9 - Chief Justice and Chief Judge may recall and terminate recall of justices and judges; procedure when Chief Justice or Chief Judge incapacitated.

§ 7A-39.10 - Article applicable to previously retired justices.

§ 7A-39.11 - Retirement on account of total and permanent disability.

§ 7A-39.12 - Applicability of §§ 7A-39.2 and 7A-39.11.

§ 7A-39.13 - Recall of active and emergency justices and judges who have reached mandatory retirement age.

§ 7A-39.14 - Recall by Chief Justice of retired or emergency justices or judges for temporary vacancy.

§ 7A-39.15 - Emergency recall judges of the Court of Appeals.