Civics & Economics – Goal 3 NC Judicial Branch

Types of NC Courts Trial courts hear evidence and arguments of the parties in a case and issue a decision NC has two kinds of trial courts: district (misdeamenors) courts and superior (felonies) courts; they are closest to the people of NC

District Courts Counties with larger populations are single-county districts; counties with smaller populations are joined with adjacent counties in multi-county districts In district courts, the judge who hears the case decides the verdict; there is no jury

NC District Courts Cases in district courts: 1. Juvenile law 2. Divorce and other family law 3. Mental hospital commitments 4. Traffic violations 5. Civil Cases, or disputes involving less than $10,000 6. Minor crimes known as misdemeanors 7. Also, the initial hearing of more serious criminal cases called felonies

Duplin County Courthouse District Courts Each district has one or more judges depending on the number of people in the district; voters in each district elect judges for 4 year terms; district court judges must live in the district in which they are elected and serve Duplin County Courthouse

NC Superior Courts Handle civil cases involving more than $10,000 and felonies; many court cases involve jury trials The NC Constitution guarantees all defendants, or accused, in criminal cases the right to a trial by jury (US- 5th & 6th A)

Superior Courts Those who are found guilty of misdemeanors in district court can request a new trial by jury in a superior court The state is divided into eight judicial divisions each containing several superior court districts

NC Superior Courts Voters elect superior court judges for 8 year terms; they travel throughout their division holding court in several different counties throughout the year In addition to elected superior court judges, the governor appoints about 15 special superior court judges who serve as needed

Other Judicial Officers Voters in each county elect a clerk of superior court for the county; they establish the validity of wills and conduct foreclosure sales Katie Harrell, Duplin County Clerk of Court

Other Judicial Officers Each county also has at least one magistrate; they issue warrants and are appointed by the superior court judge with the greatest seniority

Other Judicial Officers Voters also elect a District Attorney that represents the state in all criminal cases in district and superior courts and juvenile delinquency proceedings Ernie Lee, District Attorney Duplin, Sampson, Jones, and Onslow counties

Other Judicial Officers A Public Defender is a full-time state employee whose responsibility is to represent low-income or indigent persons accused of a crime

Appellate Courts Appellate courts hear disputes about whether the decision of a trial court should be overturned The decisions of each state’s highest court on all questions of state law are final unless overruled by the US Supreme Court

Civil-Criminal-Juvenile-Magistrate Appellate Courts NC has two courts of appellate courts: the court of NC appeals and the state NC supreme court Supreme Court Supreme Court and Court of Appeals are Appeals Courts Court of Appeals Panels of 3 NC Superior Court Superior Court and District Court are Trial Courts NC District Court Civil-Criminal-Juvenile-Magistrate

Rules of the NC Court of Appeals Voters elect the 15 appeals court judges; they hear cases in groups of three called panels; at least 2 of the 3 judges must agree in order to reach a decision Appeals court judges are elected state-wide for eight year terms

The NC Supreme Court The Supreme Court reviews cases a lower court has already decided; they interpret the state’s Constitution and laws; it consists of 7 justices The head of the court is called the chief justice; voters elect the chief justice and six associate justices for eight year terms  

The NC Supreme Court The state supreme court hears appeals of all death sentences; a majority of the seven justices must agree to a decision Unless there is an issue that involves the US Constitution, the decision of the state supreme court is final; it supervises all other courts in NC

Bayard vs. Singleton (1787) The first decision by a state court to declare a state law unconstitutional, this introduced the idea of judicial review

State vs. Mann (1830) The NC Supreme Court ruled according to the laws of NC slaveholders could not be prosecuted for attacking the enslaved; it defended the legality of slavery and overturned the lower court’s ruling

The Leandro Case v. NC (1997) The NC Supreme Court ruled that the state constitution does not require equal funding of education In Hoke v. State a superior court concluded “at-risk children require more resources, time, and intervention in order to learn” which is the states responsibility to provide; NC proposed new programs and funding for those students Educational Court Cases in NC