North Carolina SB 339: Restore NC Bar Appoint's/Judicial Discipline.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 339

Short Title: Restore NC Bar Appoint's/Judicial Discipline. (Public)
Sponsors: Senator Everitt (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 20, 2025
*S339-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REINSTATE STATE BAR COUNCIL APPOINTMENTS TO THE JUDICIAL 2
STANDARDS COMMISSION AND TO REINSTATE FORMER PROVISIONS 3
REGARDING DISCIPLINARY PROCEDURES FOR JUSTICES AND JUDGES. 4
The General Assembly of North Carolina enacts: 5
6
REINSTATE STATE BAR COUNCIL APPOINTMENTS TO THE JUDICIAL 7
STANDARDS COMMISSION 8
SECTION 1.(a) G.S. 7A-375(a) reads as rewritten: 9
"(a) Composition. – The Judicial Standards Commission shall consist of the following 10
residents of North Carolina: 11
... 12
(4) Four judges members of the State Bar who have actively practiced in the 13
courts of the State for at least 10 years, appointed by the General Assembly in 14
accordance with G.S. 120-121, selected as follows:State Bar Council. 15
a. One district court judge recommended by the President Pro Tempore 16
of the Senate. 17
b. One district court judge recommended by the Speaker of the House of 18
Representatives. 19
c. One superior court judge recommended by the President Pro Tempore 20
of the Senate. 21
d. One superior court judge recommended by the Speaker of the House 22
of Representatives. 23
...." 24
SECTION 1.(b) This section is effective when it becomes law and shall result in the 25
immediate conclusion of the terms of each of the four members of the Judicial Standards 26
Commission previously appointed by the General Assembly pursuant to G.S. 7A-375(a)(4). 27
These four seats on the Judicial Standards Commission shall then be filled for new terms by the 28
State Bar Council pursuant to G.S. 7A-375(a)(4), as amended by subsection (a) of this section. 29
30
REINSTATE FORMER PROVISIONS REGARDING DISCIPLINARY PROCEDURES 31
FOR JUSTICES AND JUDGES 32
SECTION 2.(a) G.S. 7A-374.2 reads as rewritten: 33
"§ 7A-374.2. Definitions. 34
Unless the context clearly requires otherwise, the definitions in this section shall apply 35
throughout this Article: 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 339-First Edition
... 1
(7) "Public reprimand" means a written action of the Commission issued upon a 2
finding by the Supreme Court, based upon a written recommendation by the 3
Commission that a judge has violated the Code of Judicial Conduct and has 4
engaged in conduct prejudicial to the administration of justice, but that 5
misconduct is minor. minor and does not warrant a recommendation by the 6
Commission that the judge be disciplined by the Supreme Court. A public 7
reprimand may require that the judge follow a corrective course of action. 8
...." 9
SECTION 2.(b) G.S. 7A-376 reads as rewritten: 10
"§ 7A-376. Grounds for discipline by Commission; public reprimand, censure, suspension, 11
or removal by the Supreme Court. 12
(a) The Commission, upon a determination that any judge has engaged in conduct that 13
violates the North Carolina Code of Judicial Conduct as adopted by the Supreme Court but that 14
is not of such a nature as would warrant a recommendation of public reprimand, censure, 15
suspension, or removal, may issue to the judge a private letter of caution.caution or may issue to 16
the judge a public reprimand. 17
(b) Upon recommendation of the Commission, the Supreme Court may issue a public 18
reprimand, censure, suspend, or remove any judge for willful misconduct in office, willful and 19
persistent failure to perform the judge's duties, habitual intemperance, conviction of a crime 20
involving moral turpitude, or conduct prejudicial to the administration of justice that brings the 21
judicial office into disrepute. A judge who is suspended for any of the foregoing reasons shall 22
receive no compensation during the period of that suspension. A judge who is removed for any 23
of the foregoing reasons shall receive no retirement compensation and is disqualified from 24
holding further judicial office. 25
...." 26
SECTION 2.(c) G.S. 7A-377(a4) is reenacted as it existed immediately before its 27
repeal. 28
SECTION 2.(d) G.S. 7A-377, as amended by subsection (c) of this section, reads as 29
rewritten: 30
"§ 7A-377. Procedures. 31
(a) Any citizen of the State may file a written complaint with the Commission concerning 32
the qualifications or conduct of any justice or judge of the General Court of Justice, and thereupon 33
the Commission shall make such investigation as it deems necessary. The Commission may also 34
make an investigation on its own motion. The Commission shall not make an investigation, 35
whether initiated upon its own motion or by written complaint of a citizen of this State, when the 36
motion or complaint is based substantially on a legal ruling by a district or superior court judge 37
and the legal ruling has not yet been reviewed and ruled on by either the North Carolina Court of 38
Appeals