June 23, 1998
The Honorable Arnold O. Jones District Court Judge 3406 NC 111 North Goldsboro, North Carolina 27534
RE: Advisory Opinion; Eligibility for Superior Court Judgeship of a Person not licensed to Practice Law who has been a District Court Judge Continuously Since 1974; Article IV, Sec. 22 of the North Carolina Constitution Dear Judge Jones:
You have continuously served as a layman (non-attorney) District Court Judge since December 2, 1974. You ask whether you are legally eligible for election or appointment to the Office of Judge of the Superior Court, in light of Article IV, Sec. 22 of the North Carolina Constitution.
For reasons which follow, it is our opinion that you are eligible for election or appointment to the Office of Judge of the Superior Court.
Article IV, Sec. 22 of the North Carolina Constitution, which became effective January 1, 1981, states:
Qualification of Justices and Judges. Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Court, or Judge of District Court. This section shall not apply to persons elected to or serving in such capacities on or before January 1, 1981. (Emphasis added).
"In interpreting a constitution, as in interpreting a statute, if the meaning is clear from reading the words of the Constitution, we should not search for a meaning elsewhere." State ex rel. Martin v. Mellott, 320 N.C. 518, 520 (1987).
As we read Article IV, Sec. 22 it is clear that if a non-licensed attorney served prior to January 1, 1981 as a justice of the Supreme Court, or a judge of the Court of Appeals, or a judge of the Superior Court, or a judge of the District Court, Sec. 22 "shall not apply." Since you served as a judge of the District Court prior to January 1, 1981, even though you have never been licensed to practice law in North Carolina, Article IV, Sec. 22 does not apply to you. You are therefore eligible for appointment or election to the Office of Judge of the Superior Court. Whether you are qualified for that office is a decision for the appointing authority and the voters.
signed by:
Andrew A. Vanore, Jr. General Counsel