Issue

Clerk of superior court—constitutional officer—removal—authority of a replacement judge appointed by the Chief Justice

Summary

Following two trial court proceedings removing a duly elected clerk of superior court–the second of which was conducted on remand from the Court of Appeals–the Supreme Court overruled the lower appellate court's holding in the clerk's first appeal that, upon the recusal of the senior regular resident superior court judge (the official authorized to preside in such cases pursuant to Article IV, Section 17(4) of the North Carolina Constitution), a replacement judge appointed by the Chief Justice lacked authority to preside in the matter. The Chief Justice is authorized by N.C.G.S. § 7A-41.1(e) to appoint an acting senior resident superior court judge when the regular senior resident superior court judge is unable to perform their duties, including to preside in a clerk removal proceeding.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →