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The North Carolina Supreme Court is the highest court in the state and has the final interpretation of the North Carolina Constitution. The Supreme Court consists of a chief justice and six associate justices, who are elected to eight-year terms. The court's primary function is to decide questions of law that have arisen in the lower courts and state administrative agencies. North Carolina's constitution has a unique history, with the state being governed by a council of only 13 members before the first constitution was ratified in 1776. The current constitution, the state's third, was ratified in 1970 and guarantees rights such as freedom of the press, religious liberty, and the right to a jury trial.
| Characteristics | Values |
|---|---|
| Highest court | Supreme Court of North Carolina |
| Number of justices | One chief justice and six associate justices |
| Purpose | Decide questions of law that have arisen in the lower courts and before state administrative agencies |
| Jurisdiction | Appellate Division, Superior Court Division, and District Court Division |
| Retirement age for judges | 72 |
| Election of judges | Direct elections |
| Tenure | Eight-year terms |
| Court administration | Administrative Office of the Courts (AOC) |
| Court budget | Prepared and administered by the AOC |
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What You'll Learn
The Supreme Court of North Carolina
The number of justices serving on the North Carolina Supreme Court has fluctuated throughout its history. Currently, there are seven justices serving on the Court: six associate justices and one chief justice. To become a justice, a candidate must be an attorney who is no older than 71. Justices are chosen through elections in even-numbered years, and each justice serves an eight-year term. The Chief Justice is also elected and serves in that capacity for a full eight-year term.
The Court has also been at the centre of political controversies. During the Reconstruction era, the Court's membership was dominated by Republicans, but as the era waned, conservative Democrats gained a majority. In 1901, the North Carolina House of Representatives voted to impeach Republican Chief Justice David M. Furches and Associate Justice Robert M. Douglas for issuing a mandamus directing the state treasurer to disburse money. However, the Senate failed to convict them, and they served out their terms. In more recent times, the Court has ruled on controversial issues such as the state constitution's equal protection clause and the limitation on the Whole County Provision.
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The General Court of Justice
The Superior Court division has general jurisdiction over any case not assigned exclusively to another court. It handles civil cases with amounts in controversy exceeding $25,000, felony criminal cases, and appeals from the District Court. Superior Court judges also hear probate cases, juvenile matters, and equitable distribution cases.
District Court judges preside over civil cases involving amounts in controversy up to $25,000, misdemeanour criminal cases, and infractions. They also handle domestic relations cases, including divorce, child custody, and child support matters, as well as adoptions and cases involving abuse, neglect, or dependency of juveniles.
The Appellate Division of the General Court of Justice is comprised of the Court of Appeals and the Supreme Court. The Court of Appeals has jurisdiction to review decisions of the trial courts, except in cases where a death sentence has been imposed or in utility rate cases. The Supreme Court has discretionary jurisdiction to review decisions of the Court of Appeals and is the final interpreter of the North Carolina Constitution. It also has original jurisdiction in cases involving utilities' rates and services and in cases where a death sentence has been imposed.
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The Court for the Trial of Impeachments
In the United States, impeachment is a process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. The procedure for impeachment, or removal, of local officials varies widely. For example, in New York, a mayor is removed directly by the governor based on charges, while in Alaska, it is the upper chamber of the legislature that votes to impeach, and the lower chamber acts as the court of impeachment.
In North Carolina, the House of Representatives has the sole power to impeach. The Court for the Trial of Impeachments is the Senate. When the Governor or Lieutenant Governor is impeached, the Chief Justice presides over the Court. The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers", acts as prosecutors before the Senate. The purpose of the committees is to streamline impeachment trials, which would otherwise be time-consuming for the chamber.
The Senate can convict an official with a two-thirds majority vote, leading to the removal of the official from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal process for this. The conviction does not extend to further punishment, such as the loss of pension. However, the convicted party is still liable and subject to indictment, trial, judgment, and punishment according to the law in regular federal or state courts.
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The District Court Division
The North Carolina Constitution has a long and complex history, with the state having once been governed by a council of safety of just 13 members. The North Carolina Provincial Congress ratified the first constitution, accompanied by a Declaration of Rights, on December 18, 1776. The current constitution consists of 14 articles, including the Declaration of Rights, Legislative Rules, and Judicial Rules.
The North Carolina Constitution establishes a unified judicial system, known as the General Court of Justice, which consists of three divisions: the Appellate Division, the Superior Court Division, and the District Court Division. The District Court Division is the state's trial court of limited jurisdiction, hearing both civil and criminal cases at the district level. It has authority over juvenile cases involving delinquency and disciplinary issues for minors under the age of 18, as well as abuse, neglect, and dependency cases involving children.
In terms of criminal actions, the District Court Division prosecutes cases in accordance with the manner prescribed by the General Assembly, which applies uniformly across all local court districts in the state. The General Assembly also has the power to vest judicial authority in administrative agencies to achieve the purposes for which they were established.
While the District Court Division handles a range of matters, the North Carolina Constitution also outlines the role of other courts. For instance, the Court for the Trial of Impeachments is designated as the Senate, with the Chief Justice presiding when the Governor or Lieutenant Governor is impeached.
The North Carolina Constitution has faced scrutiny for provisions that may conflict with federal law or the US Constitution. Notably, Article 6, Section 8, which disqualifies from office anyone who denies the existence of a supreme being, is similar to a provision struck down by the federal Supreme Court in 1961 as a violation of the First and Fourteenth Amendments.
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The Superior Court Division
The Superior Court is North Carolina's oldest court, established in 1777. It is a trial-level court, hearing civil and criminal cases, including felony cases, civil cases over $25,000, and misdemeanor and infraction appeals from district courts. The Superior Court is divided into five divisions and 48 districts across the state, although one source mentions there are eight divisions and 46 districts. Judges rotate among the districts within their divisions every six months to minimize conflicts of interest, although this rotation has been suspended on several occasions due to budgetary constraints.
The North Carolina Business Court is a specialized forum of the Superior Court, operating in four locations. Cases involving complex and significant issues of corporate and commercial law are assigned to a special Superior Court judge.
The Superior Court is overseen by the Administrative Office of the Courts (AOC), which is responsible for maintaining an effective and efficient court system.
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Frequently asked questions
The Supreme Court of North Carolina is the highest court in the state. It consists of six associate justices and one chief justice.
The primary function of the Supreme Court of North Carolina is to decide questions of law that have arisen in the lower courts and before state administrative agencies.
The lower courts in North Carolina are the Superior Court Division and the District Court Division.
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