NC Court of Appeals Judge: Elections, Vacancies, and Retirement

A North Carolina Court of Appeals judge is one of 15 jurists elected statewide to eight-year terms on the state’s intermediate appellate court, where they sit in rotating three-judge panels to review appeals from trial courts and certain state agencies.¹ The court exists to handle the bulk of appellate work in the state so the North Carolina Supreme Court can focus on a narrower set of cases.

What the Job Actually Involves

Court of Appeals judges do not retry cases. They read the trial court record, review the parties’ written briefs, and sometimes hear oral argument. Their task is to decide whether legal errors occurred below, not to re-weigh evidence or second-guess witness credibility. When a panel finds a reversible error, it can send the case back to the trial court with instructions or, in some situations, modify the judgment itself.

The 15 judges rarely sit together. Instead, the Chief Judge assigns them to rotating panels of three, aiming to pair every judge with every other judge over time.² Three judges form a quorum, and two votes decide the case. Up to five panels can sit at once, which is how the court moves a heavy docket.

Nearly every civil and criminal appeal from superior and district court passes through this court, along with direct appeals from certain state administrative agencies.¹ The main exception: capital murder cases in which a death sentence was imposed go straight to the North Carolina Supreme Court.

How Someone Becomes a Court of Appeals Judge

Qualifications

Article IV, Section 22 of the North Carolina Constitution sets a single qualification: the candidate must be authorized to practice law in the state’s courts. No minimum years in practice, no explicit age floor beyond what a law license requires, no residency requirement written into the qualifications clause. A 2001 advisory opinion from the North Carolina Attorney General confirmed that authorization to practice is “the only qualification mandated by Sec. 22.”³

Voters, of course, tend to want more. Winning candidates usually bring decades of courtroom experience as trial judges, prosecutors, or appellate attorneys. But the constitutional floor is deliberately low.

Statewide Partisan Elections

Seats are filled through statewide partisan elections. Candidates run under a party label or as unaffiliated, go through a primary, then face voters in the general election. Judicial elections happen in even-numbered years, aligned with General Assembly races.⁴ North Carolina has shifted between partisan and nonpartisan judicial elections over the past two decades; as of 2026, party labels appear on the ballot for appellate court races.

Vacancy Appointments

If a seat opens mid-term, the Governor appoints a replacement under Article IV, Section 19 of the state constitution. The appointee serves until the next general election held more than 60 days after the vacancy, when voters pick someone to finish the unexpired term. When that unexpired term happens to end on the January 1 following the next election, the Governor’s appointee simply serves out the remainder and no special election is held.⁵

Term Length, Pay, and Mandatory Retirement

Each judge serves an eight-year term that begins on January 1 following the election.⁴ There are no term limits. As of 2025, associate judges on the court earned roughly $189,621 per year.

North Carolina enforces a mandatory judicial retirement age. The legislature raised it from 72 to 75 in 2015.⁶ The original statute, N.C.G.S. § 7A-4.20, was repealed in 2023,⁷ but the age cap remains in force under a related provision and is still referenced throughout Chapter 7A. When a judge hits that ceiling, the seat becomes vacant regardless of the time left on the elected term.

The Chief Judge and En Banc Hearings

The Chief Justice of the North Carolina Supreme Court picks one of the 15 to serve as Chief Judge, and that person serves at the Chief Justice’s pleasure.² Seniority is not the deciding factor. The Chief Judge assigns panels, presides when sitting on one, schedules oral argument, oversees clerical staff, and manages the internal budget. On any case, though, the Chief Judge’s vote counts the same as any other panel member’s.

In unusual situations, a majority of the full court can vote to hear or rehear a case en banc, meaning all 15 judges decide together. Under the North Carolina Rules of Appellate Procedure, en banc hearings are “not favored” and are generally reserved for cases that threaten the uniformity of the court’s decisions or raise a question of exceptional importance.⁸ A party can request en banc consideration after briefing or ask for en banc rehearing within 15 days of the panel opinion. If granted, the new opinion replaces the panel’s.

What Happens After a Panel Rules

A party unhappy with a Court of Appeals decision has two routes to the North Carolina Supreme Court. If the three-judge panel was not unanimous and one judge dissented, the losing party has an appeal of right under N.C.G.S. § 7A-30. That right does not activate until any en banc rehearing is resolved, or until the window to request one has closed.⁸ When the panel was unanimous, the only option is a petition for discretionary review, which the Supreme Court can grant or deny.

Discipline and Removal

Citizens can file written complaints against any judge, including Court of Appeals judges, with the North Carolina Judicial Standards Commission. The Commission investigates, holds a due process hearing when warranted, and may recommend discipline to the Supreme Court. The Supreme Court can impose public sanctions or, in severe cases involving permanent mental or physical incapacity, remove the judge. Proceedings stay confidential unless the Supreme Court issues a public discipline order.⁹

The General Assembly can also impeach and remove a judge under the state constitution, but in practice discipline through the Commission is far more common.

Emergency Recall Judges

When the docket outpaces capacity, the Chief Judge can bring back retired judges on a temporary basis. Under N.C.G.S. § 7A-39.15, an emergency recall judge must have retired under the state’s judicial retirement system, served at least five years as a judge with at least six months in the appellate division, and left judicial service within the past 15 years.¹⁰ The Governor issues the commission after being satisfied the recalled judge is physically and mentally fit.

No more than three recall judges can serve at a time, and each must consent. While seated, they carry the same powers and duties as any active judge on the court.¹⁰

1
North Carolina Judicial Branch. Court of Appeals
2
North Carolina General Assembly. North Carolina Code 7A-16 – Creation and Organization
3
North Carolina Department of Justice. North Carolina Constitution Art. IV, Sec. 22
4
North Carolina General Assembly. North Carolina Code 163-1 – Time of Regular Elections and Primaries
5
North Carolina General Assembly. North Carolina Constitution Article 4 – Section 19 Vacancies
6
North Carolina General Assembly. North Carolina House Bill 205 – Increase Retirement Age/Judges and Magistrates
7
North Carolina General Assembly. North Carolina Code 7A-4.20
8
North Carolina Judicial Branch. North Carolina Rules of Appellate Procedure – Rule 31.1
9
North Carolina Judicial Branch. About the Judicial Standards Commission
10
North Carolina General Assembly. North Carolina Code 7A-39.15 – Emergency Recall Judges of the Court of Appeals