State Judicial Branch

State Court System General Court of Justice Unified & state-operated system Apply & enforce criminal & civil laws of state Address violations of state constitutions & state laws ASK: What article of the Constitution gives power to the state judicial branch? ASK: Review – what is a criminal case? When individuals violate the penal code by committing a crime ASK: Review – what is a civil case? Disputes between individuals or businesses over property or money

“General Court of Justice” NC Supreme Court NC Court of Appeals NC Superior Court NC District Court Appeals Courts --- cases heard here once they are appealed from a lower court “General Court of Justice” is the name given to the NC Court System Have students draw upside-down layered “cake” in notes Smallest slice – closest to person – District Courts Superior Courts Appeals Supreme Court When you’re talking about appeals, etc. within the court system  you always go UP the cake. Never DOWN the cake. Like going to someone’s “superior” when you have an issue with them  to their boss  their higher up  higher up court. Trial Courts – Trials happen here// heard for the first time

District Court Division Trial court 4 categories: criminal, civil, judicial, magistrate Family Court Jury for civil cases only Civil cases involving less than $10,000 Divided into districts; each district elects judges 4-yr terms, elected by the voters in the district District court division: trial court Divided into 41 districts; elections of one or more district court judges held in each district District courts divided into 4 categories: criminal, civil, juvenile, magistrate Civil cases involving less than $10,000; criminal cases are most common & heard without jury Judges elected to 4yr terms Family court is part of district court  special kind of CIVIL court (juvenile delinquency, neglect/ abuse, termination of parental rights, adoption, domestic violence, custody, divorce, child support)

Superior Court Division Trial court Jury Tries: Felony criminal cases Civil cases involving more than $10,000 Misdemeanor & infraction appeals from district courts Divided into divisions & districts; each district elects judges 8-yr terms, elected by voters in the district Superior court division: trial court Divided into 8 divisions, 46 judicial districts; elections of one or more Superior Court judges are held in each district One division is made up of several districts; Superior Court judges rotate among the districts in their division every 6 months Tries felony criminal cases, civil cases involving more than 10,000 and misdemeanor & infraction appeals from district court Jury; elected to 8 yr terms

Appellate Division North Carolina Supreme Court Court of Appeals

Court of Appeals 15 judges Rotating panel of 3 No jury Hears cases appealed from Superior & District courts Judges elected to 8-yr terms Court of appeals: 15 judges who sit in a rotating panel of 3; no jury; elected to 8yr terms; mostly reviews matters decided by trial courts to determine if there are legal errors in the trial; hears cases appealed from Superior & district courts

Supreme Court 7 justices (Chief Justice + 6 associate justices) No jury Procedural disputes/ judicial interpretations; not facts Elected by voters to 8-year terms No term limits Must retire at age 72 Does not determine facts; only considers questions of law E.g. Resolving claims of procedural disputes/judicial interpretations North Carolina judges must retire at age 72 if they are still in office. Chief Justice Sarah Parker (UNC-School of Law) Cheri Beasley (U Tenn) Robert H. Edmunds Jr. Robin E. Hudson Barbara Jackson Mark Martin Paul Martin Newby

T will show the following 3 diagrams to Ss T will show the following 3 diagrams to Ss. Ss will decide which diagram is the most useful for them in remembering the basic structure and flow of the NC court system & T will distribute tomorrow.

Electing Judges? Pro Con ASK: What are some pros and cons of electing judges? Think-Pair-Share: discuss with partner, each group comes up with 1 con, 1 pro. Then volunteers to Pro: elections make judges responsible to the people who will be affected by their decisions; when governor appoints judges, he/she free to appoint political supporters or friends Con: judges should make decisions based on facts & on the law that applies, not on what might please voters; judges should be selected based on their abilities Missouri Plan: committee of judges, lawyers, ordinary citizens prepares list of qualified judges. Governor appoints judge from this list. Judge must then face voters in next election. Requirements to run for judge’s position: registered to vote; older than 21, younger than 72 (mandatory retirement age for judges)

Other Officials Clerks of Court Elected in every county for 4yr terms Clerical & record-keeping work of Superior, District courts Probate judge Wills, estates ASK: Does anyone know what probate means? Means the proving of wills. So probate judge is someone who legally establishes validity of will; gives certification of will’s validity  wills, estates (WILLS & ESTATES are the two they need in their notes), minor guardianship, issue search warrants/ arrests, accept guilty pleas for minor offenses

Do not usually conduct trials Handle certain criminal & civil cases Magistrates Work at district level Appointed Do not usually conduct trials Handle certain criminal & civil cases Issue warrants Set bail ASK: Has anyone heard the word magistrate before? Anyone know what it means? Judicial officials who work at district level to handle certain criminal & civil cases; do not usually conduct trials but do handle many preliminary matters in criminal cases Not judges, but can… Issue warrants & set bail in criminal cases (THIS GOES IN THEIR NOTES) Accept guilty pleas & payments of fines for traffic violations & minor misdemeanors Only judicial officials who can perform marriage ceremonies Appointed by senior resident superior court judge; terms initially 2yrs, followed by 4yrs

Jury Duty! Citizen of state & resident of county Age 18 or older Able to speak & understand English Physically & mentally competent No felony convictions Generated lists of jurors come from voter registration lists & divers license lists If you serve, can’t serve for another 2 years Can defer service, but must have valid pressing reason: prior vacation plans; medical reason; ineligible (have served within past 2 yrs, etc.) Normally called to serve for 1 week of court; sometimes for one trial (usually last 2-3 days) Employers not req’d to pay employees while on jury duty but state law prevents employer from firing employee b/c of jury duty Paid by NC- $12 for first day, $20 for days 2-5, more than 5 days is $40/day; grand jurors $20/day Grand Jury (tell story about Dad’s Grand Jury service in MD) Serves for 6 months, meeting 1x/month; determine whether people accused of felonies probably committed crime for which they’re charged (i.e., whether or not to indict.) ASK: Who can remind us what it means to indict? Official accusation by grand jury. Necessary pre-requisite to trying person initially in super court

Warm-Up () 1. An individual was tried for and convicted of armed robbery. What type of court was this case heard in? 2. The individual’s lawyer thinks there were legal errors in the trial. What type of court would they go to for the next trial?