North Carolina Superior Court

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

History[edit]

The Superior Court is 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[edit]

The Superior Court Division, alongside the Appellate Division, and the District Court Division, make up North Carolina's unified court system, the General Court of Justice.[9] The Superior Court is the trial court of general jurisdiction in the state.[10][11] In criminal matters, superior courts hear all felony cases and handle appeals of misdemeanors and infractions from District Courts. In civil matters, superior courts have original jurisdiction over civil disputes with an amount in controversy exceeding $25,000. The Superior Court also adjudicates most appeals from state administrative agencies.[12]

Structure[edit]

Superior Court administration[edit]

Superior Court judge office building in New Bern, North Carolina

The Superior Courts are divided into five divisions and further into 48 districts.[1] As of 2022, there are 109 Superior Court judges.[13] 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.[14] 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.[14]

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.[14] Senior resident judges may remove clerks from office in their district for misconduct or incapacity,[15] and vacancies in clerk's offices are filled by the appointment of the senior resident judge pending the next state legislative election. The clerks are also responsible for nominating local magistrates, subject to the confirmation of the senior resident judge.[16]

North Carolina Business Court[edit]

At the direction of the chief justice of the North Carolina Supreme Court, a special superior court judge may convene the North Carolina Business Court[8] to oversee trials involving complex questions of corporate and commercial law.[1][17] It is one of the oldest and most influential business courts in the United States.[18][19][20]

Although the Supreme Court created the Business Court via amending General Rules of Practice 2.1 and 2.2,[21] North Carolina's executive and legislative branches have been involved with the Business Court's implementation and development.[22] The Business Court's jurisdiction includes statutorily based mandatory complex business cases and discretionary complex business cases,[23] as well as Supreme Court rule based exceptional cases[24].[25] As of January 1, 2021, by statute, the Business Court was given jurisdiction of certain commercial receiverships.[26] Again by statute, the Business Court also hears certain tax related claims.[27]

The legislature first expanded the number of Business Court judges in 2005, from one to three,[28] and there were five judges as of 2017,[29] which remains the number (as of May 2024).[30]

In 2014, the Business Court Modernization Act became law,[31] providing for, among other things, a direct right of appeal to the North Carolina Supreme Court, expanding on the longstanding practice of issuing written opinions, and refining the court's case type jurisdiction.[31]

There are a distinct set of North Carolina Business Court Rules.[32] Among other things, this includes mandatory mediation under Rule 11,[33] mediation being an important component of Business Court practice from its early days.[34]

See also[edit]

References[edit]

  1. ^ a b c d "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. ^ a b Johnson 1997, p. 3.
  7. ^ Johnson 1997, p. 4.
  8. ^ a b "Business Court". North Carolina Judicial Branch. North Carolina Administrative Office of the Courts. Retrieved May 23, 2023.
  9. ^ Orth & Newby 2013, p. 128.
  10. ^ Cooper & Knotts 2012, p. 179.
  11. ^ Orth & Newby 2013, p. 135.
  12. ^ Cooper & Knotts 2012, pp. 178–179.
  13. ^ "North Carolina Judicial Branch Quick Facts : July 1, 2021–June 30, 2022" (PDF). North Carolina Administrative Office of the Courts. September 14, 2022. Retrieved May 26, 2023.
  14. ^ a b c "Court Officials". North Carolina Judicial Branch. North Carolina Administrative Office of the Courts. Retrieved May 23, 2023.
  15. ^ Orth & Newby 2013, p. 139.
  16. ^ Orth & Newby 2013, p. 133.
  17. ^ "North Carolina General Rule of Practice for the Superior and District Courts 2.2, Designation of Special Superior Court Judge for Complex Business Cases" (PDF).
  18. ^ O'Brien, Carrie A. (2002). "The North Carolina Business Court: North Carolina's Special Superior Court for Complex Business Cases". North Carolina Banking Institute, University of North Carolina School of Law. 6 (1): 367–389.
  19. ^ Mitchell L. Bach and Lee Applebaum. "A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Bus. Law. 147 (2004)" (PDF).
  20. ^ Lee Applebaum, Mitchell Bach, Eric Milby & Richard L. Renck. "Through the Decades: The Development of Business Courts in the United States of American, 75 Bus. Law. 2053 (2020)" (PDF).{{cite web}}: CS1 maint: multiple names: authors list (link)
  21. ^ "North Carolina General Rules of Practice for Superior and District Courts, 2.1 and 2.2" (PDF).
  22. ^ Mitchell L. Bach and Lee Applebaum (November 2004). "A History of the Creation and Jurisdiction of Business Courts in the Last Decade" (PDF). The Business Lawyer. 60 (1): 166–167.
  23. ^ "G.S. 7A-45.4". www.ncleg.net. Retrieved 2024-05-25.
  24. ^ [North Carolina's Business Court[11] has a mixed legislative model that includes, among other things, a large amount in controversy provision ($5,000,000) placing certain case types under the mandatory jurisdiction category that would otherwise be subject to an element of judicial discretion, and a category where the parties may consent to jurisdiction if other criteria are met,[12] as well as a relatively seldom used court rule allowing designated judges discretionary authority to assign a case to the Business Court's docket.[13] "North Carolina General Rule of Practice for the Superior and District Courts 2.1, Designation of Exceptional Civil Cases and Complex Business Cases"]. {{cite web}}: Check |url= value (help)
  25. ^ Judge Albert Diaz and A. Jordan Sykes (2008). "The New North Carolina Business Court" (PDF). The North Carolina State Bar Journal (Spring 2008): 25–29.
  26. ^ "New North Carolina Commercial Receivership Act Designates Matters Over $5,000,000 to North Carolina's Business Court – Business Courts Blog". 2020-08-10. Retrieved 2024-05-25.
  27. ^ North Carolina Administrative Office of the Courts (February 1, 2024). "Report on the North Carolina Business Courts, p. 2" (PDF).
  28. ^ "Report of the Activities of the North Carolina Business Court 2006-2008, page 2" (PDF).
  29. ^ "The North Carolina Business Court Evolves: Three Things You Need". natlawreview.com. Retrieved 2024-05-25.
  30. ^ "Business Court Judges | North Carolina Judicial Branch". www.nccourts.gov. Retrieved 2024-05-25.
  31. ^ a b "An Act To Modernize the Business Court by Making Technical, Clarifying, and Administrative Changes to the Procedures for Complex Business Cases" (PDF). October 1, 2014.
  32. ^ "North Carolina Business Court Rules | North Carolina Judicial Branch". www.nccourts.gov. Retrieved 2024-05-25.
  33. ^ "North Carolina Business Court Rule 11" (PDF).
  34. ^ Tennille, Hon. Ben F. (2003). "The Use of Mediation in the North Carolina Business Court". Dispute Resolution, North Carolina Bar Association (October 2003). 18 (1): 1, 3, 7.

References[edit]

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