Judicial Branch
Article IV of the North Carolina Constitution establishes the General Court of Justice, which "shall constitute a unified judicial system for purposes of jurisdiction, operation, and administration, and shall consist of an Appellate Division, a Superior Court Division, and a District Court Division." The Constitution also states that the "General Assembly shall have no power to deprive the judicial department of any power or jurisdiction that rightfully pertains to it as a co-ordinate department of the government, nor shall it establish or authorize any courts other than as permitted by this Article." The chief justice of the Supreme Court is head of the Judicial Branch.
Appellate Courts
Supreme Court
The Supreme Court of North Carolina is the state’s highest court, and there is no further appeal from its decisions on matters of state law. The Supreme Court has no jury and makes no determinations of fact. It considers whether error occurred at trial or in judicial interpretation of the law. The court consists of the chief justice, who also serves as the head of the Judicial Branch, and six associate justices. Each justice is elected by statewide vote to an eight-year term.
Court of Appeals
Established in 1967, the North Carolina Court of Appeals is the state’s intermediate appellate court. The court is led by a chief judge, who is appointed by the chief justice of the Supreme Court of North Carolina. The Court of Appeals reviews the proceedings that occurred in the trial courts for errors of law or legal procedure; it decides only questions of law – not questions of fact. The court decides if the trial court correctly applied the law, or if there was prejudicial error in the conduct of the trial. The 15 Court of Appeals judges are elected by statewide vote for eight-year terms.
Trial Courts
Superior Courts
Established in 1777 and North Carolina’s oldest courts, the superior court division hears civil cases involving more than $25,000, all felony criminal cases, and misdemeanor and infraction appeals from the district court. Superior court is divided into divisions and districts across the state. Judges are elected to eight-year terms, and rotate every six months among the districts within their divisions. The senior resident superior court judge manages the administrative duties of the court. The clerk of superior court is elected to four-year terms and responsible for all clerical and record keeping functions and serves as the judge of probate.
District Courts
Established in 1966, district courts hear the vast majority of civil and criminal cases including all matters of family law, as well as all infractions and misdemeanors. District courts are divided into districts across the state, but not grouped into larger judicial divisions. District courts sit in the county seat of each county. The chief district court judge manages the administrative duties of the court. Magistrates perform numerous duties in both civil and criminal matters, issuing warrants and presiding over small claims cases. Judges are elected to four-year terms.
Administrative Office of the Courts
The North Carolina Administrative Office of the Courts (NCAOC) is the administrative agency for the Judicial Branch. As such, it provides services and resources to help the unified court system to operate more efficiently and effectively, taking into account each courthouse’s diverse needs, caseloads, and available resources. Services include providing administrative support to the 7,000 employees of the Judicial Branch, which includes 555 independently elected judicial officials.