JurisdictionNorth CarolinaCh. 15ACriminal Procedure Act
Art. 92North Carolina Innocence Inquiry Commission
Subch. XIVCORRECTION OF ERRORS AND APPEAL
This text of North Carolina § 15A-1463 (Membership; chair; meetings; quorum) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The Commission shall consist of eight voting members as follows:
(1)One shall be a superior court judge.
(2)One shall be a prosecuting attorney.
(3)One shall be a victim advocate.
(4)One shall be engaged in the practice of criminal defense law.
(5)One shall be a public member who is not an attorney and who is not an officer or employee of the Judicial Department.
(6)One shall be a sheriff holding office at the time of his or her appointment.
(7)The vocations of the two remaining appointed voting members shall be at the discretion of the Chief Justice.
The Chief Justice of the North Carolina Supreme Court shall make the initial appointment for members identified in subdivisions (4) through (6) of this subsection. The Chief Judge of the Court of Appeals shall make the initial appo
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(a) The Commission shall consist of eight voting members as follows:
(1) One shall be a superior court judge.
(2) One shall be a prosecuting attorney.
(3) One shall be a victim advocate.
(4) One shall be engaged in the practice of criminal defense law.
(5) One shall be a public member who is not an attorney and who is not an officer or employee of the Judicial Department.
(6) One shall be a sheriff holding office at the time of his or her appointment.
(7) The vocations of the two remaining appointed voting members shall be at the discretion of the Chief Justice.
The Chief Justice of the North Carolina Supreme Court shall make the initial appointment for members identified in subdivisions (4) through (6) of this subsection. The Chief Judge of the Court of Appeals shall make the initial appointment for members identified in subdivisions (1) through (3) of this subsection. After an appointee has served his or her first three-year term, the subsequent appointment shall be by the Chief Justice or Chief Judge who did not make the previous appointment. Thereafter, the Chief Justice or Chief Judge shall rotate the appointing power, except for the two discretionary appointments identified by subdivision (7) of this subsection which shall be appointed by the Chief Justice.
(b) The appointing authority shall also appoint alternate Commission members for the Commission members he or she has appointed to serve in the event of scheduling conflicts, conflicts of interest, disability, or other disqualification arising in a particular case. The alternate members shall have the same qualifications for appointment as the original member. In making the appointments, the appointing authority shall make a good faith effort to appoint members with different perspectives of the justice system. The appointing authority shall also consider geographical location, gender, and racial diversity in making the appointments.
(c) The superior court judge who is appointed as a member under subsection (a) of this section shall serve as Chair of the Commission. The Commission shall have its initial meeting no later than January 31, 2007, at the call of the Chair. The Commission shall meet a minimum of once every six months and may also meet more often at the call of the Chair. The Commission shall meet at such time and place as designated by the Chair. Notice of the meetings shall be given at such time and manner as provided by the rules of the Commission. A majority of the members shall constitute a quorum. All Commission votes shall be by majority vote. (2006-184, s. 1; 2010-171, s. 5.)