North Carolina General Statutes
Article 6 - Retirement of Justices and Judges of the Appellate Division; Retirement Compensation; Recall to Emergency Service; Disability Retirement.
§ 7A-39.9 - Chief Justice and Chief Judge may recall and terminate recall of justices and judges; procedure when Chief Justice or Chief Judge incapacitated.

7A-39.9. Chief Justice and Chief Judge may recall and terminate recall of justices and judges; procedure when Chief Justice or Chief Judge incapacitated.
(a) Decisions of the Chief Justice and the Chief Judge regarding recall of emergency justices and emergency judges, when not in conflict with the provisions of this Article, are final.
(b) The Chief Justice or Chief Judge, may, at any time, in his discretion, cancel any order of recall issued by him or fix the termination date thereof.
(c) Whenever the Chief Justice is the justice in whose behalf an emergency justice is recalled to temporary service, the powers vested in him as Chief Justice by this article shall be exercised by the associate justice senior in point of time served on the Supreme Court. Whenever the Chief Judge is the judge in whose behalf an emergency judge or justice is recalled to temporary service the powers vested in him as Chief Judge by this article shall be exercised by the associate judge senior in point of time served on the Court of Appeals. If two or more judges have served the same length of time on the Court of Appeals, the eldest shall be deemed the senior judge. (1967, c. 108, s. 1; 1985, c. 698, s. 16(d), (e).)

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.