Do you have to be a licensed lawyer to run for or be appointed to a judgeship in North Carolina?

Plain-English summary

Representative Jim Gulley asked the Attorney General to confirm what the North Carolina Constitution requires of a person who wants to serve as a judge. The text of Article IV, Section 22 says:

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.

The AG read that text at face value. The first sentence sets a single eligibility rule: you have to be a licensed North Carolina attorney to be elected or appointed to one of the four named state-court benches. There are no other constitutional qualifications layered on top (no minimum age beyond what other constitutional provisions impose, no residency provision in Section 22 itself, no minimum years in practice).

The second sentence is a grandfather clause. It carves out anyone who was already a judge or justice on or before January 1, 1981. The carve-out is for that person's lifetime. So a non-lawyer who was sitting as a judge in 1980 could continue to serve and seek re-election without needing a law license. As a practical matter the grandfather is almost spent by 2009, but the AG noted it is a complete exemption while it applies.

The opinion is short and references an earlier AG opinion attached to the letter, indicating this question had been answered before and the office was reaffirming.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The text of N.C. Const. art. IV, § 22 has not been amended since the opinion was issued, but check the current Constitution and any relevant court decisions before relying on the rule for a specific candidate, vacancy, or appointment.

Common questions

Q: Does the law-license requirement apply to magistrates, clerks of court, or other judicial-branch officials?
A: The opinion does not address those positions. Section 22 lists Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Court, and Judges of District Court. Other judicial-branch officers (magistrates, clerks, administrative law judges) are governed by their own statutes.

Q: What does "duly authorized to practice law in the courts of this State" mean?
A: At the time of the opinion, that meant a person admitted to the North Carolina State Bar in good standing. The opinion did not parse the phrase further. Persons admitted in another state but not in North Carolina would not qualify on the strength of their out-of-state license alone.

Q: What was the purpose of the 1981 grandfather clause?
A: The Constitution was amended around that period to impose the law-license requirement. The grandfather avoids displacing non-lawyer judges who were already serving.

Q: Could the General Assembly pass a statute relaxing this requirement?
A: No. Section 22 is part of the state Constitution. A statute could not override it. Changing the rule would require a constitutional amendment.

Q: Does the rule apply during an emergency or interim appointment?
A: Section 22 speaks to "election or appointment" without carving out interim or emergency situations. The plain text suggests the rule applies to any pathway onto one of the named benches, but the opinion did not address temporary or recall service specifically.

Background and statutory framework

North Carolina, like many states, historically allowed non-lawyer judges in lower courts. The 1981 amendment to Section 22 was part of a wave of judicial-qualifications reforms that closed that door for the four state-court benches. The grandfather clause was the political price of getting the amendment through; it protected sitting non-lawyer judges from being forced off the bench.

This opinion is one of several over the years where legislators asked the AG to confirm the meaning of Section 22 for a specific candidacy or appointment. The AG's office has consistently read the provision strictly: a law license is required, and the grandfather clause is the only exception.

The opinion is signed by Ann Reed, Senior Deputy Attorney General, and Grady L. Balentine, Jr., Special Deputy Attorney General. It cross-references an earlier opinion from the same office.

Citations

• N.C. Const. art. IV, § 22 (qualifications of justices and judges)

Source

• Landing page: https://ncdoj.gov/legal-services/archived-opinions/

Original opinion text

Re: Advisory Opinion, North Carolina Constitution Art. IV, Sec. 22

Dear Representative Gulley:

You have requested the opinion of this Office concerning Article IV, Section 22 of the North Carolina Constitution concerning the qualifications to serve as a judge in North Carolina. The foregoing provision reads:

Sec. 22. 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.

The language of the first sentence of Sec. 22 is unambiguous. No person is eligible for election or appointment as a justice or judge unless that person is duly authorized to practice law in the courts of this State. That is the only qualification mandated by Sec. 22. The second sentence exempts from this requirement those persons elected to or serving in such capacities on or before January 1, 1981.

This Office has previously opined that the second sentence of Sec. 22 is a complete "grandfather" clause, exempting any person elected to or serving as a judge or justice on or before January 1, 1981 (see attached). The exemption applies during any such person's life time and forever exempts them from Sec. 22. If a person was not elected to or serving as a judge or justice on or before January 1, 1981, that person must be duly authorized to practice law in the courts of this State to 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.

We hope that this opinion is responsive to your request. Should you have further questions regarding this issue, please do not hesitate to contact us.

Sincerely,

Ann Reed
Senior Deputy Attorney General

Grady L. Balentine, Jr.
Special Deputy Attorney General