Trial Courts Appeals courts Supreme Court THE NC JUDICIAL BRANCH Trial Courts Appeals courts Supreme Court

NC TRIAL COURTS Two types: District and Superior. Cases are heard in all of NC’s 100 counties. Trial courts are supported by police, sheriff departments, district attorneys (prosecutors), magistrates and other court officials.

NC DISTRICT COURTS Judges decide cases. (No juries) Judges are elected to four year terms. Cases include misdemeanors (minor cases), small civil cases (lawsuits), juvenile cases, family law, traffic violations, etc… They hold preliminary hearings for felonies. (serious cases)

NC SUPERIOR COURT Defendants in superior court have the right to a trial by jury. Judges are elected to eight year terms. Judges travel to different districts. Cases include felonies and civil cases involving lawsuits over $10,000. 15 special judges are appointed by the governor to serve where needed.

NC COURT OF APPEALS Hear cases on appeal from lower courts. Voters elect the 15 NC Appeals Court judges. Judges serve eight year terms. A panel of three judges hear each case. Majority rules. What are they deciding?

NC SUPREME COURT Seven justices are elected to eight year terms. They interpret the state constitution and laws. They hear death penalty appeals. They supervise the lower NC courts. Decisions are final unless…?

IMPORTANT NC SUPREME COURT CASES Bayard vs. Singleton (1787) Government could seize loyalists’ property during the American Revolution. “Confiscation Act” Elizabeth Bayard fought to regain her family’s property. The NC Supreme Court ruled in Bayard’s favor declaring the Confiscation Act was unconstitutional. Set forth the power of judicial review in NC.

STATE VS. MANN (1830) John Mann was convicted for beating one of his slaves. Mann appealed his case all the way to the NC Supreme Court. Court ruled in Mann’s favor. Court’s decision defended slavery and slaveholders’ rights.

NC Public Education The public schools enroll 1,500,000 students: 51% White, 26% African American, 15% Latino, and 3% Asian, with 52% living in poverty, and 6% learning English. The State spends $83425 per pupil. (Most recent NCES data)

NC Public Education “The people have a right to the privilege of education, and it is the duty of the state to guard and maintain that right.” N.C. Const. art. I, § 15. “Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, libraries, and the means of education shall forever be encouraged.” N.C. Const. art. IX, § 1.

NC Public Education “The General Assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students.” N.C. Const. art. IX, § 2.

NC Public Education “State school fund. The proceeds of all lands…moneys, stocks, bonds, and other property belonging to the State for purposes of public education…shall be paid into the State Treasury and, together with so much of the revenue of the State as may be set apart for that purpose, shall be faithfully appropriated and used exclusively for establishing and maintaining a uniform system of free public schools.” N.C. Const. art. IX, § 6

LEANDRO VS. NC (1997) The Leandro case started in 1994 when five rural school districts (Hoke, Halifax, Cumberland, Vance, Robeson) sued the state, arguing they couldn’t raise enough tax revenue to provide a quality education, while their wealthier neighbors could

LEANDRO VS. NC (1997) The case was appealed to the Supreme Court The Court agreed with the plaintiffs on the issue of adequacy, ruling that the NC Constitution guarantees “every child of this state an opportunity to receive a sound basic education in our public schools. An education that does not serve the purpose of preparing students to participate and compete in the society in which they live and work is devoid of substance and is constitutionally inadequate.”

LEANDRO VS. NC (1997) However, the Court dismissed the equity claim, ruling the NC Constitution was not being violated since Article IX, Section 2(2) of the NC Constitution authorizes local governments to supplement their school districts at their own discretion. Most funding is based on local tax dollars.

Leandro II In 2004, after the trial on the rural school districts portion of the Leandro case, known as Hoke County v. State (Leandro II), the North Carolina Supreme Court held that the State funding system failed to provide adequate resources for “the opportunity for a sound basic education.” The Court ordered the State to correct funding deficiencies and assigned a Superior Court to monitor compliance.

Judge Howard Manning

Leandro II In 2011, the Superior Court determined that preschool funding cuts and other changes recently passed by the Legislature violated children’s constitutional right to the opportunity for a sound basic education. In 2012, the appellate court affirmed, and the Legislature amended the offending statutory provisions. In 2014, after major funding cuts, a motion seeking enforcement of the Hoke County (Leandro II) ruling was denied

HOKE VS. STATE OF NC NC Supreme Court decided that “at risk” students should receive needed resources and extra attention if necessary. Required local school districts to provide adequate funding for “at risk” children.