NORTH CAROLINA - STATE COURT ORGANIZATON PROFILE

• NCJ Number: 55155
• Author(s): D E OLKEN
• Date Published: 1977
• Length: 92 pages
• Grant Number(s): 76-DF-99-OO52; 76-DF-99-OO26
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Association; National Ctr for State Courts
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: STATE COURT ORGANIZATION PROFILE SERIES

Annotation

THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGANIZATION OF STATE COURTS IN NORTH CAROLINA.

Abstract

THE NORTH CAROLINA COURT SYSTEM WAS REVISED IN 1962 WITH THE CREATION OF A UNIFIED JUDICIAL SYSTEM. THE GENERAL COURT OF JUSTICE IS COMPOSED OF THE APPELLATE DIVISION (SUPREME COURT AND COURT OF APPEALS), THE SUPERIOR COURT DIVISION (TRIAL COURT OF GENERAL JURISDICTION), AND THE DISTRICT COURT DIVISION (TRIAL COURT OF LIMITED JURISDICTION). THE SUPREME COURT IS THE COURT OF LAST RESORT AND HAS AUTHORITY TO ISSUE PREROGATIVE WRITS. THE COURT OF APPEALS IS THE INTERMEDIATE APPELLATE COURT AND HAS NO ORIGINAL JURISDICTION. IT HEARS APPEALS FROM FINAL JUDGMENTS OF THE SUPERIOR COURT, FINAL JUDGMENTS OF THE DISTRICT COURT IN CIVIL ACTIONS, INTERLOCUTORY ORDERS OF A JUDGMENT OF THE SUPERIOR COURT OR DISTRICT COURT, AND JUDGMENTS IN JUVENILE PROCEEDINGS. THE TRIAL COURT OF GENERAL JURISDICTION HAS EXCLUSIVE ORIGINAL JURISDICTION IN PROBATE CASES AND FELONIES AND HAS APPELLATE JURISDICTION OVER MISDEMEANORS APPEALED FROM THE DISTRICT COURT. THE TRIAL COURT OF LIMITED JURISDICTION HANDLES CIVIL CASES IN WHICH THE AMOUNT IN CONTROVERSY IS $5,000 OR LESS AND DOMESTIC RELATIONS MATTERS. IT HAS EXCLUSIVE ORIGINAL JURISDICTION OVER THE TRIAL OF CRIMINAL ACTIONS, INCLUDING MUNICIPAL ORDINANCE VIOLATIONS BELOW THE GRADE OF A FELONY AND JUVENILE MATTERS. PROCEDURES PERTAINING TO THE FOLLOWING AREAS HAVE BEEN INSTITUTED: THE QUALIFICATIONS, SELECTION, AND TERM OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; COMPENSATION; RETIREMENT AGE AND ACTIVE SERVICE; CONTINUING EDUCATION; AND THE USE OF PARAJUDICIAL OFFICERS. THE SUPREME COURT PRESCRIBES RULES OF PRACITCE AND PROCEDURE FOR ALL COURTS IN NORTH CAROLINA. THE DETAILED PROFILE OF THE COURT SYSTEM CONCERNS THE COURT OF LAST RESORT, INTERMEDIATE APPELLATE COURT, TRIAL COURT OF GENERAL JURISDICTION, TRIAL COURT OF LIMITED JURISDICTION, JUDGES, PARAJUDICIAL OFFICERS, NONJUDICIAL PERSONNEL, JUDICIAL POLICYMAKING AND ADVISORY BODIES, COURT ADMINISTRATION, COURT FINANCING, COURT RECORDS AND STATISTICS, AND COURT REFORM. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEM ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE NORTH CAROLINA COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)