What Is a Judge's Commission?

Every now and then someone asks about the significance of a trial judge’s commission. Just what is a judge’s commission, when is it needed, where does it come from, and what difference does it make? If a question about a commission is ever to arise, it most likely will be in superior court and is largely a byproduct of the system of rotating superior court judges who, remember, have jurisdiction to hold court anywhere in the state. So we first need to review the system of rotation. Article IV, § 11 of the North Carolina Constitution honors the tradition of judges riding circuit and requires that it be maintained through rotation: “The principle of rotating Superior Court Judges among the various districts of a division is a salutary one and shall be observed.” The same section gives the chief justice the duty of assigning judges: “The Chief Justice of the Supreme Court, acting in accordance with rules of the Supreme Court, shall make assignments of Judges of the Superior Court and may transfer District Court Judges from one district to another for temporary or specialized duty.” By statute (G.S. 7A-345), the assistant director of the Administrative Office of the Courts ― currently David Hoke ― assists the chief justice in assigning judges. Another section (G.S. 7A-47.3) declares that judges are to be assigned to effectuate the constitutional provision on rotation. Rotation, as the constitution says, is based on judicial divisions. The state currently is divided into eight divisions ― many of [...]