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 interpret Article IV, Section 22 of the North Carolina Constitution. The provision 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 called the first sentence unambiguous. A person cannot be elected or appointed to one of the four named courts unless that person is authorized to practice law in North Carolina courts. The opinion described that as the only qualification mandated by Section 22.

The second sentence is a grandfather clause for a person elected to or serving as a judge or justice on or before January 1, 1981. The office had previously concluded that this exemption lasted for the person's lifetime.

The opinion referred to an earlier attached opinion that had reached the same conclusion about the grandfather clause.

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.

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: The opinion did not parse the phrase further. It repeated the constitutional requirement that the person be authorized to practice law in the courts of North Carolina.

Q: Could the General Assembly pass a statute relaxing this requirement?
A: The opinion did not address that question. It confined its answer to the eligibility language in Article IV, Section 22.

Q: Does the rule apply during an emergency or interim appointment?
A: The opinion did not address temporary or recall service. It quoted the provision's general rule for election or appointment to the four named courts.

Background and statutory framework

Article IV, Section 22 contains two rules. Its first sentence requires authorization to practice law in North Carolina courts for election or appointment as a Supreme Court justice or a judge of the Court of Appeals, Superior Court, or District Court. Its second sentence exempts people elected to or serving in those positions on or before January 1, 1981.

The opinion was signed by Ann Reed, Senior Deputy Attorney General, and Grady L. Balentine, Jr., Special Deputy Attorney General. It referred to an earlier attached opinion from the same office.

Citations

• Article IV, Section 22 of the North Carolina Constitution

Source

• Landing page: https://ncdoj.gov/opinions/north-carolina-constitution-art-iv-sec-22/

Original opinion text

September 16, 2009

The Honorable Jim Gulley
Representative, 103rd District
North Carolina General Assembly
1313 Legislative Building
16 W. Jones St.
Raleigh, NC 27601-1096

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