Discipline, Suspension, and Removal of Court Officials

This Administration of Justice Bulletin provides a clear and detailed explanation of the standards for and procedures that govern the removal of various North Carolina judicial branch officials from office. It begins with a consideration of the recent history of the process for investigating charges and adjudicating cases involving judges and justices suspected of misconduct or physical or mental incapacity, either of which may significantly impair the official’s ability to perform the duties of his or her position in an ethical, trustworthy, and competent manner. It examines the constitutional, statutory, and case law surrounding the investigatory process and disciplinary measures undertaken to address the misconduct or incapacity of judges and justices, clerks of superior court, magistrates, district attorneys, and public defenders. Finally, it discusses the appointment of counsel to prosecute petitions and analyzes questions of mootness that arise when officials subject to removal retire, resign, or otherwise leave office.