NC General Statutes

N.C. Gen. Stat. § 7A-100 (2026)

Election; term of office; oath; vacancy; office and office hours; appointment of acting clerk

✓ current as of July 2026
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(a) A clerk of the superior court for each county shall be elected by the qualified voters thereof, to hold office for a term of four years, in the manner prescribed by Chapter 163 of the General Statutes. The clerk, before entering on the duties of his office, shall take the oath of office prescribed by law. If the office of clerk of superior court becomes vacant otherwise than by the expiration of the term, or if the people fail to elect a clerk, the senior regular resident superior court judge for the county shall fill the vacancy by appointment until an election can be regularly held. In cases of death or resignation of the clerk, the senior regular resident superior court judge, pending appointment of a successor clerk, may appoint an acting clerk of superior court for a period of not longer than 30 days.

(b) The county commissioners shall provide an office for the clerk in the courthouse or other suitable place in the county seat. The clerk shall observe such office hours and holidays as may be directed by the Administrative Officer of the Courts. (Const., art. 4, ss. 16, 17, 29; C.C.P., ss. 139-141; 1871-72, c. 136; Code, ss. 74, 76, 78, 80, 114, 115; 1903, c. 467; Rev., ss. 890-893, 895, 909, 910; C.S., ss. 926, 930, 931, 945, 946; 1935, c. 348; 1939, c. 82; 1941, c. 329; 1949, c. 122, ss. 1, 2; 1971, c. 363, s. 1; 1973, c. 240; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

 

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Courthouse News Serv. v. Boyce (E.D.N.C. 2024).
Courthouse News Serv. v. Boyce (E.D.N.C. 2024). “The Conference does not have access to or control of communications of its individual clerk members, all of whom are independently elected North Carolina Constitutional Officers, N.”
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