North Carolina General Statutes
Article 6 - Retirement of Justices and Judges of the Appellate Division; Retirement Compensation; Recall to Emergency Service; Disability Retirement.
§ 7A-39.4 - Retirement creates vacancy.

7A-39.4. Retirement creates vacancy.
The retirement of any justice of the Supreme Court or any judge of the Court of Appeals under the provisions of this Article shall create a vacancy in his office to be filled as provided by law. (1967, c. 108, s. 1.)

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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.