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Bill Summary · SB 1032

Summary of North Carolina SB 1032 (Session 2025)

Title

Modify Emergency Judge Provisions

Purpose and Intent

  • The bill aims to expand the circumstances under which emergency judges may be assigned to courts from which they retired. It broadens the statutory framework governing the creation and use of lists of active and inactive emergency judges and the criteria for assigning them.

Key Provisions

1) Expansion of Emergency Judge Assignment Criteria

  • Recasts the grounds for assigning emergency judges to include:
    • Court coverage needs created by holdover sessions.
    • Administrative responsibilities of the chief district court judge.
    • Cases in which a judge has a conflict or judicial educational responsibilities (as noted in a revised phrasing).
    • The Chief District Court Judge may determine additional factors for assignment beyond these criteria.
  • The assignment process requires a written order entered into the minutes of the receiving court.

2) Structure and Management of Emergency Judge Lists

  • The Chief Justice must create two lists of emergency judges for each category (active and inactive):
    • Emergency district court judges
    • Emergency superior court judges
    • Emergency special superior court judges
  • Active list caps:
    • Emergency district court judges: up to 25 on the active list.
    • Emergency superior court and emergency special superior court judges: up to a combined total of 10 on the active list.
  • Inactive lists contain all remaining emergency judges in their respective categories (no numerical cap on inactive lists).
  • The Chief Justice may add or remove judges from the active/inactive lists, so long as the active-list caps are observed.
  • The Chief Justice is encouraged to consider geographical distribution when assigning judges to the active list but may use other factors as well.

3) Assignment Authority

  • The Chief Justice may order any emergency judge on an active list to perform duties if the Chief Justice deems the judge competent to handle duties and to hold regular or special sessions of the court from which the judge retired.
  • Assignments must be in writing and recorded in the minutes of the receiving court.

4) Effective Date and Effective Period

  • The act’s Section 3 states:
    • Section 2 (the funding mechanism) becomes effective July 1, 2026.
    • The remainder of the act becomes effective when the law itself becomes effective (i.e., upon enactment).

5) Funding

  • An appropriation of $500,000 in nonrecurring General Fund dollars is provided to the Administrative Office of the Courts for the 2026-2027 fiscal year to cover costs associated with emergency judges.

Who Is Affected

  • Emergency judges (district, superior, and special superior) who are on the existing or future active/inactive lists.
  • The Administrative Office of the Courts (AOC), which will administer the funding and management of emergency judge costs.
  • Chief Justice and Chief District Court Judge, who retain authority to assign, create lists, and determine factors for assignment.
  • Courts that may utilize emergency judges for holdover sessions, administrative duties, conflicts, or educational responsibilities.

Procedural and Timeline Notes

  • The funding to support emergency judge costs becomes available for the 2026-2027 fiscal year (effective July 1, 2026).
  • The broader changes to emergency judge assignment and list management would take effect upon the act’s enactment (beyond the funding provision).
  • Written orders are required for each assignment, with recordation in the receiving court’s minutes.

Practical Impact

  • Expanded flexibility for deploying retired judges as emergency judges to address court coverage gaps and administrative needs.
  • Clear caps on the number of active emergency judges per category, with room to adjust within limits.
  • Potential for more geographically distributed emergency judge assignments, subject to the Chief Justice’s discretion.
  • Temporary funding support to cover associated costs, enabling broader use of emergency judges in the 2026-2027 period.

Compiled from official sources — confirm details with the bill’s official record.

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