The North Carolina Judicial System has evolved from a rudimentary colonial structure to a modern, efficient, and hierarchical framework, continually improving to ensure fairness and adapt to the needs of its citizens.

Cherokee County Courthouse

By Joshua Peters

The North Carolina Judicial System has a rich history that reflects the broader evolution of the American judicial framework. Its structure today is the result of centuries of development and refinement.

Colonial Period

During the colonial period, the judicial system in North Carolina was rudimentary, with the first known court, the General Court, established in 1670. The court system was under the control of the colonial governors, such as Governor William Drummond, who played a role in the early administration of justice. Governor Drummond was appointed as the first colonial governor of the Province of Albemarle in 1664, which later became part of North Carolina.

Post-Revolutionary Period

After gaining independence, North Carolina established a more structured judicial system. The state adopted its first constitution in 1776, which provided for the creation of a system of courts. Samuel Ashe, who later became a governor, was one of the prominent early judges and played a significant role in the development of the state's judiciary.

In 1806, the North Carolina Supreme Court was formally established as the highest court in the state. The court initially consisted of three judges who also served on the Superior Courts. John Louis Taylor was the first Chief Justice of the North Carolina Supreme Court.

20th Century Development

Reforms in the early 20th century aimed to streamline and modernize the judicial system. The North Carolina Judicial Conference was established to help coordinate the administration of justice across the state. Judge Walter Clark, serving as Chief Justice from 1889 to 1924, was a pivotal figure in advocating for these reforms.

Significant reforms took place in 1962 when the North Carolina General Assembly adopted the current structure of the court system, which includes the Supreme Court, Court of Appeals, Superior Courts, and District Courts. This reorganization aimed to create a more unified and efficient judiciary. Figures such as Chief Justice Susie Sharp, the first woman to serve on the North Carolina Supreme Court, were instrumental in implementing and advocating for these changes.

Present Day

Today, the North Carolina judicial system is a well-defined and hierarchical structure. The Supreme Court, led by the Chief Justice, serves as the highest appellate court. The Court of Appeals handles intermediate appeals, while the Superior Courts and District Courts handle trials and other judicial proceedings. The administrative and operational aspects of the judiciary are overseen by the North Carolina Administrative Office of the Courts (NCAOC).

Efforts to continue improving the judicial system in terms of procedural effectiveness and efficiency, to ensure fairness and impartiality, and to integrate technology into the judicial process, were spearheaded by Chief Justice Cheri Beasley. Chief Justice Cheri Beasley was appointed to the North Carolina Supreme Court as Chief Justice on March 1, 2019, by Governor Roy Cooper. Her appointment marked a historic moment as she became the first African-American woman to serve as Chief Justice of the North Carolina Supreme Court.

This structure and its historical development highlight North Carolina's commitment to an organized and fair judicial system, adapting over time to evolve with the needs of its citizens.

Understanding the Structure of the North Carolina Judicial System

The North Carolina judicial system is a structured hierarchy that ensures justice is served across various types of cases. The diagram provided offers a clear overview of how the system is organized, detailing the flow of cases from lower courts to the Supreme Court. Please note that information is based on the 2022-23 North Carolina Judicial Branch Annual Report. Click HERE to access the report.

The Supreme Court

At the apex of the North Carolina judicial system is the Supreme Court, consisting of seven justices, one Chief Justice and six Associate Justices, who are elected every eight years in statewide elections. These terms are staggered to ensure that not all seats are up for election at the same time. The Supreme Court handles final orders of the Utilities Commission in general rate cases and receives recommendations from the Judicial Standards Commission. Appeals to the Supreme Court can occur by right in cases involving constitutional questions, significant public interest, or dissents in the Court of Appeals. Certain cases, such as first-degree capital murder or Utilities Commission cases, go directly to the Supreme Court from the Superior Court. The Supreme Court hears appeals on questions of law from the Court of Appeals and, in some cases, directly from the trial courts. It also oversees the administration of the state's judicial system.

The Court of Appeals

Below the Supreme Court is the Court of Appeals, with 15 judges. The North Carolina Court of Appeals judges serve eight-year terms. The terms of these judges are staggered to ensure that only a few seats are up for election at any given time, maintaining continuity and stability within the court. Judges of the North Carolina Court of Appeals are elected in statewide elections. This court primarily reviews decisions from lower courts and administrative agencies. It handles appeals from the Industrial Commission, State Bar, and various other state commissions. Appeals can go directly to the Court of Appeals from these agencies, and from there, certain significant cases may be escalated to the Supreme Court.

Superior Courts

There are 111 Superior Court judges in North Carolina. These judges are elected to serve eight-year terms and are required to rotate among the state's 48 districts within five divisions every six months to minimize conflicts of interest​. The Superior Courts have original jurisdiction over all felony cases and civil cases involving amounts exceeding $25,000. These courts also review decisions from most administrative agencies. Criminal cases proceeding from district courts or needing a new trial (de novo) are tried here, while civil and juvenile cases can proceed to the Court of Appeals.

District Courts

The District Courts, composed of 285 judges, handle misdemeanor cases not assigned to magistrates, certain civil cases involving amounts less than $25,000, juvenile proceedings, and domestic relations cases. They serve four-year terms, which are staggered to ensure that only a portion of the seats are up for election at any given time to maintain stability within the court system. District courts are divided into 41 districts across the state and sit in the county seat of each county. They also manage mental health hospital commitments and small claims involving amounts of $10,000 or less. These courts provide crucial oversight and management for less severe cases compared to the Superior Courts.

Magistrates

Magistrates in North Carolina, numbering 695, accept guilty pleas for certain misdemeanors, handle small claims, and oversee various preliminary hearings and infractions. They serve as the initial point of contact for many minor legal issues and civil disputes. Magistrates issue warrants, set bail, handle small claims cases, perform marriages, and preside over some minor criminal and civil cases. They handle small claims up to $10,000, enter orders for summary ejectment (evictions) and determine involuntary commitments, and manage small claims involving amounts of $5,000 or less.

Clerks of Superior Court

The Clerks of Superior Court, with 100 clerks and 2,772 personnel, manage probate and estate cases, special proceedings, and can accept certain guilty pleas. They provide administrative support essential for the functioning of the courts.

Administrative Office of the Courts

The Administrative Office of the Courts (AOC), with 460 staff members, supports the judicial system through various divisions including court programs, financial services, human resources, legal services, and technology services. The AOC ensures that the courts operate efficiently and effectively, providing the necessary resources and oversight.

Appeals Process

Appeals can be made by right to the Supreme Court in constitutional matters, significant public interest cases, or cases with dissent in the Court of Appeals. Most appeals from lower courts and administrative agencies go to the Court of Appeals.

Diagram of Structure

While the diagram is dated, the structure is representative of the flow and hierarchy of the judicial system currently in place.

The North Carolina judicial system is designed to provide a comprehensive and hierarchical approach to justice, ensuring that all cases are reviewed at the appropriate level, with significant cases having pathways to the highest court for final decisions. This structure ensures that justice is administered efficiently and fairly across the state.