North Carolina Constitution Article IV, Judicial
North Carolina Constitution – Article IV: Judicial Department – Summary
Article IV of the North Carolina Constitution establishes the Judicial Branch of the state government. It outlines the structure, powers, and responsibilities of the state’s courts and judicial officers.
🔹 Key Sections and Provisions of Article IV:
Section 1 – Judicial Power
All judicial power in North Carolina is vested in the General Court of Justice, a unified court system.
Section 2 – Judicial System Structure
The General Court of Justice includes:
Appellate Division (Supreme Court and Court of Appeals),
Superior Court Division (trial courts of general jurisdiction),
District Court Division (trial courts of limited jurisdiction).
Section 3 – Supreme Court
The Supreme Court is the highest court in the state.
Composed of a Chief Justice and six Associate Justices.
Hears cases involving significant constitutional or legal questions.
Section 5 – Court of Appeals
Intermediate appellate court.
Reviews decisions of trial courts for legal errors.
Section 6 – Superior Courts
Trial courts for felony criminal cases, civil cases over a certain amount, and appeals from District Courts.
Judges are elected for eight-year terms.
Section 7 – District Courts
Handle misdemeanors, civil cases of lower value, juvenile matters, family law, and traffic violations.
Judges are also elected for four-year terms.
Section 9 – Magistrates
Magistrates assist District Courts by issuing warrants, setting bail, and handling minor offenses.
Appointed by the Senior Resident Superior Court Judge.
Section 10 – Terms and Elections of Judges
Judges are generally elected by the people but may be appointed to fill vacancies.
Justices and judges must be licensed to practice law in North Carolina.
Section 18 – Discipline and Removal
Judges may be disciplined or removed for misconduct, incapacity, or neglect of duty by the Judicial Standards Commission and the Supreme Court.
Section 24 – Clerks of Superior Court
Clerks are elected in each county and have both judicial and administrative functions, such as handling probate and records.
🔸 Purpose and Principles:
Ensures an independent judiciary.
Creates a unified and efficient court system.
Provides for public accountability through elections.
Balances trial and appellate functions effectively.
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