North Carolina Superior Court

Last updated

The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court.

Contents

History

The Superior Court is the North Carolina's oldest court. [1] It was established by a law passed on November 15, 1777, which created a "Superior Court" system with six districts, with its main duty to serve as a trial court. Under the terms of the state constitution, the court's judges were elected by the North Carolina General Assembly and served as long as they maintained good behavior. [2] The first three judges elected were Samuel Ashe of New Hanover County, Samuel Spencer of Anson County, and future U.S. Supreme Court Justice James Iredell of Chowan County. [3] Districts were added as the state grew. [4] From 1799 until 1819, some Superior Court judges would sit together and serve as the state's appellate court. [5] In 1806, areas of the state were grouped into six circuits, and Superiors Court judges were required to hold sessions in every county twice a year. Circuit assignments were decided by the judges themselves, who would meet every year to schedule their sessions, under the general agreement that no judge should hold court in a given circuit consecutively. In 1857, a system of regular rotation was established. [6]

In 1868, North Carolina adopted a new constitution. The document elevated the Superior Court to a constitutional institution, and provided for all judges in the state to be popularly elected to serve eight-year terms. After 1868, judges held court only in their districts, but in 1878, the previous system of statewide rotating circuits was reinstated. [6] Superior Court judges adopted the wearing of robes in court at the beginning of 1958. [7] In 1996, the North Carolina Business Court was established as a venue for Superior Court judges to try cases involving complex questions of corporate and commercial law. [8]

Jurisdiction and administration

Superior Court judge office building in New Bern, North Carolina Craven County district attorney and superior court judge office building.jpg
Superior Court judge office building in New Bern, North Carolina

The Superior Court is the trial court of general jurisdiction in North Carolina. [9] In criminal matters, superior courts hear all felony cases and handle appeals of misdemeanors and infractions from North Carolina District Courts. In civil matters, superior courts have original jurisdiction over civil disputes with an amount in controversy exceeding $25,000. At the direction of the chief justice of the Supreme Court, a special superior court judge may convene the North Carolina Business Court to oversee trials involving complex questions of corporate and commercial law. [1] The Superior Court also adjudicates most appeals from state administrative agencies. [10]

The Superior Courts are divided into five divisions and further into 48 districts. [1] There are 97 regular Superior Court judges under current state law. [11] Judges are constitutionally required to be licensed attorneys, but are forbidden from engaging in the private practice of law during their tenures. They must also be under the age of 72 years. They are popularly elected in the district in which they reside and serve a term of eight years. The governor appoints judges to fill vacancies on the bench pending the next state legislative election or until the expiration of a preceding incumbent's term. Special Superior Court judges are nominated by the governor and confirmed by the General Assembly to serve five-year terms, and may serve in a district in which they do not reside. The chief justice of the Supreme Court may also assign judges to districts in emergency situations. [12] Judges are required by the state constitution to rotate from district to district within their division every six months in order to avoid the incidence of conflicts of interest. The administrative affairs of each district are supervised by a senior resident judge. A clerk of Superior Court is elected in every county to keep court records. [1] The clerk also serves as a judge of probate and is empowered to hold certain hearings, such as in cases involving adoptions, questions of guardianship for incompetent adults, and partitions of land. [12]

See also

Related Research Articles

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases.

<span class="mw-page-title-main">District attorney</span> U.S. government representative in the prosecution of criminal offenses

In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include county attorney, solicitor, or county prosecutor. Generally the prosecutor represents the people of the jurisdiction and in many states their authority stems from the state constitution. Unlike similar roles in other common law judicial systems, these are elected, and their holders usually have an allegiance to a political party or faction, rather than being held by a career civil servant appointed on merit in an independent process.

<span class="mw-page-title-main">Government of Maryland</span> State government of the United States

The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

<span class="mw-page-title-main">North Carolina Supreme Court</span> Highest court in the U.S. state of North Carolina

The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices has varied. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies.

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

The structure of the judiciary of Texas is laid out in Article 5 of the Constitution of Texas and is further defined by statute, in particular the Texas Government Code and Texas Probate Code. The structure is complex, featuring many layers of courts, numerous instances of overlapping jurisdiction, several differences between counties, as well as an unusual bifurcated appellate system at the top level found in only one other state: Oklahoma. Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases and often sharing the same courthouse.

The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".

<span class="mw-page-title-main">California superior courts</span> State trial courts with general jurisdiction

Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the 58 counties in California. The superior courts also have appellate divisions which hear appeals from decisions in cases previously heard by inferior courts.

<span class="mw-page-title-main">Circuit court (Florida)</span>

The Florida circuit courts are state courts, and are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

<span class="mw-page-title-main">Judiciary of New York (state)</span>

The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.

<span class="mw-page-title-main">Supreme Court of Mississippi</span> Highest court in the U.S. state of Mississippi

The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was established in 1818 per the terms of the first constitution of the state and was known as the High Court of Errors and Appeals from 1832 to 1869. The court is an appellate court. It is housed in the Carroll Gartin Justice Building in Jackson, Mississippi, the state capital. The court consists of nine justices elected in nonpartisan contests from three different districts to serve eight-year terms. The justice most senior in tenure serves as the chief justice.

The Unified Judicial System of Pennsylvania is the unified state court system of the Commonwealth of Pennsylvania.

Wyoming District Courts are the state trial courts of general jurisdiction in Wyoming.

<span class="mw-page-title-main">Government of North Carolina</span>

The government of North Carolina is divided into three branches: executive, legislative, and judicial. These consist of the Council of State, the bicameral legislature, and the state court system. The Constitution of North Carolina delineates the structure and function of the state government.

The Florida State Courts System is the unified state court system of Florida.

The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.

<span class="mw-page-title-main">Judiciary of Louisiana</span>

The Judiciary of Louisiana is defined under the Constitution and law of Louisiana and is composed of the Louisiana Supreme Court, the Louisiana Circuit Courts of Appeal, the District Courts, the Justice of the Peace Courts, the Mayor's Courts, the City Courts, and the Parish Courts. The Chief Justice of the Louisiana Supreme Court is the chief administrator of the judiciary, and its administration is aided by the Judiciary Commission of Louisiana, the Louisiana Attorney Disciplinary Board, and the Judicial Council of the Supreme Court of Louisiana.

The judiciary of Illinois is the unified court system of Illinois responsible for applying the Constitution and law of Illinois. It consists of the Supreme Court, the Appellate Court, and circuit courts. The Supreme Court oversees the administration of the court system.

The judiciary of Michigan is defined under the Michigan Constitution, law, and regulations as part of the Government of Michigan. The court system consists of the Michigan Supreme Court, the Michigan Court of Appeals as the intermediate appellate court, the circuit courts and district courts as the two primary trial courts, and several administrative courts and specialized courts. The Supreme Court administers all the courts. The Michigan Supreme Court consists of seven members who are elected on non-partisan ballots for staggered eight-year terms, while state appellate court judges are elected to terms of six years and vacancies are filled by an appointment by the governor, and circuit court and district court judges are elected to terms of six years.

References

  1. 1 2 3 4 "Superior Court". North Carolina Judicial Branch. North Carolina Administrative Office of the Courts. Retrieved May 2, 2023.
  2. ↑ Johnson 1997, pp. 1–2.
  3. ↑ Johnson 1997, p. 2.
  4. ↑ Johnson 1997, p. 1.
  5. ↑ Brinkley, Martin H. "Supreme Court of North Carolina: A Brief History". North Carolina Administrative Office of the Courts. Archived from the original on March 21, 2008. Retrieved July 16, 2008.
  6. 1 2 Johnson 1997, p. 3.
  7. ↑ Johnson 1997, p. 4.
  8. ↑ "Business Court". North Carolina Judicial Branch. North Carolina Administrative Office of the Courts. Retrieved May 23, 2023.
  9. ↑ Cooper & Knotts 2012, p. 179.
  10. ↑ Cooper & Knotts 2012, pp. 178–179.
  11. ↑ NC General Statutes, chapter 7A
  12. 1 2 "Court Officials". North Carolina Judicial Branch. North Carolina Administrative Office of the Courts. Retrieved May 23, 2023.

References

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.