North Carolina 2025-2026 Regular Session

North Carolina House Bill HB335

Caption

House Bill 335

Summary

House Bill 335 would expand who may serve as an emergency judge in North Carolina by allowing retired judges who served in both the superior court and district court to be commissioned to serve on either court after retirement. Under current law, emergency judges generally may be recalled only to the court from which they retired or previously served; this bill broadens that eligibility so a judge with experience in both trial court levels could be assigned to either system. The bill also updates related statutory language in Chapter 7A to reflect this broader eligibility and to align the application and commission process with the new authority. The bill preserves the existing framework for emergency judge service: retired judges must apply to the Governor, be found physically and mentally able to serve, and be placed on active or inactive lists subject to the Chief Justice’s discretion and numerical limits for active emergency judges. The measure applies prospectively to emergency judges serving on or after the date it becomes law.

Impact

HB335 would amend Article 8 of Chapter 7A of the North Carolina General Statutes, specifically the provisions governing emergency judges, by changing the eligibility rules for retired district and superior court judges. It would allow judges who served on both courts before retirement to be commissioned for emergency service on either court they previously served, rather than limiting them to only the court from which they retired. The bill affects the Governor’s commissioning authority, the Chief Justice’s assignment authority, and the pool of retired judges available for temporary judicial service.

Sentiment

The available legislative record shows no recorded votes or committee testimony, so there is no documented public debate in the provided materials. Based on the bill’s narrow administrative focus and its purpose of expanding the pool of available emergency judges, the measure appears to be framed as a practical court-management proposal rather than a controversial policy change. The absence of opposition or recorded dissent in the provided context suggests the bill was, at minimum, not publicly contentious in the materials supplied.

Contention

The main policy issue is the scope of emergency judge eligibility. Supporters would likely view the bill as a flexibility measure that helps the courts manage vacancies, recusals, and temporary workload needs by making use of experienced retired judges. Any concern would likely center on whether expanding eligibility beyond the court of retirement could blur the traditional separation between district and superior court service or alter how emergency judge assignments are balanced geographically and by court level. No specific objections, amendments, or opposing arguments are included in the provided transcript or vote history.

Companion Bills

No companion bills found.

Previously Filed As

NC HB620

House Bill 620 / SL 2025-54 (=S648)

NC HB770

House Bill 770

NC HB1236

House Bill 1236

NC HB377

House Bill 377 (=S309)

NC HB334

House Bill 334 (=S122)

NC HB722

House Bill 722

NC HB235

House Bill 235

NC HB307

House Bill 307 / SL 2025-93

NC HB862

House Bill 862

NC H335

Expand Emergency Judge Eligibility

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