code of judicial conduct

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Rules of Conduct Created for North Carolina Magistrates

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Following years of discussion and drafts, a formal Rules of Conduct for Magistrates was promulgated by the North Carolina Administrative Office of the Courts (AOC) effective October 1, 2021.

Statutory Authorization

In June, Session Law 2021-47 Section 13.(a) authorized the AOC to prescribe rules of conduct for all magistrates via a new G.S. 7A-171.3. It said that the rules of conduct shall include rules governing standards of professional conduct and timeliness, required duties and responsibilities, methods for ethical decision making, and any other topic deemed relevant by the AOC. 

History

Historically, magistrates have been subject to the North Carolina Code of Judicial Conduct as officers of the court in theory, though not everyone has agreed that the Code was directly applicable to magistrates. Confusing the issue further, the NC Judicial Standards Commission is not authorized to hear complaints about magistrates or clerks of court, among others. So, while the Judicial Standards Commission oversees ethical issues for North Carolina trial and appellate judges, no similar body has been in place for magistrates.

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The Judicial Standards Commission and Judicial Discipline

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Judgeships in North Carolina’s trial and appellate courts are elected offices. Thus, it often is said that the ballot box is the mechanism for holding the state’s judicial officials accountable. There is, however, another way in which judges may be held to account for misconduct: through disciplinary proceedings initiated by the Judicial Standards Commission. Those proceedings led to the North Carolina’s Supreme Court’s imposition of public discipline for three judges in 2020 and two more judges in 2021. The Judicial Standards Commission’s recently released annual report describes the nature of its work, its composition, and its increasing workload.

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