Authority and Definitions

(a) Authority. These rules are promulgated pursuant to the authority contained in N.C.G.S. § 7A-375(g) and § 97-78.1 and are effective as of the date of approval by the Supreme Court of North Carolina and apply to all matters pending before the Commission on or after that date. (b) Definitions. (1) (2) (3) (4) (5) (6) The term “Code” refers to the North Carolina Code of Judicial Conduct. The term “Supreme Court” refers to the Supreme Court of North Carolina. The term “disability” refers to “incapacity” as defined in N.C.G.S. § 7A-374.2 to include any physical, mental, or emotional condition that seriously interferes with the ability of a judge to perform the duties of the judicial office. The term “disability proceeding” refers to a proceeding before a hearing panel of the Commission to determine whether to recommend suspension or removal of a judge by the Supreme Court for temporary or permanent incapacity pursuant to N.C.G.S. § 7A-376(c). The term “disciplinary proceeding” refers to a proceeding before a hearing panel of the Commission to determine whether to recommend public discipline of a judge by the Supreme Court pursuant to N.C.G.S. § 7A-376(b). The term “judge” refers to any justice or judge of the General Court of Justice of North Carolina, any retired justice or judge who is subject to recall to service, any emergency judge of any division of the General Court of Justice, and any commissioner or deputy commissioner of Industrial Commission. the North Carolina (7) The term “Respondent” shall at all times refer to a judge who is the subject of a disciplinary or disability proceeding. (8) Unless otherwise indicated, “writing” or “written” includes electronic communication. History Note. 374 N.C. 960. 5 TOC Rule 2