Presentation about NC courts from Mecklenburg County Courthouse Trial Courts Administrator's Office

1. North Carolina
Court Structure

2. 42 Districts

3. 46 Districts & 8 Divisions

4. North Carolina Court Structure
Supreme Court
7 Justices
Court of Appeals
15 Judges
Superior Court
109 Judges
District Court
256 Judges
Magistrates
724
Trial Court Administrator Clerks of Superior Court
100 Clerks & 2,390 Clerk Personnel
Administrative Office of Courts
395

5. District 26 Mecklenburg County
 Senior Resident Superior Court Judge
(elected)
 Chief District Court Judge (elected)
 Trial Court Administrator
 Clerk of Superior Court (elected)
 District Attorney (elected)
 Public Defender

6. Chief District Court Judge
 The Chief Justice of the Supreme Court of
North Carolina designates one of the
judges as Chief District Court Judge, and
this judge has administrative duties,
including assigning the judges to sessions
of court.

7. District Court Judges
Hon. Lisa C. Bell, Chief Hon. Kimberly Y. Best
Hon. Rickye McKoy-Mitchell Hon. Charlotte Brown
Hon. Louis A. Trosch, Jr. Hon. John W. Totten, III
Hon. Regan A. Miller Hon. Elizabeth T. Trosch
Hon. Rebecca Thorne Tin Hon. Karen Eady-Williams
Hon. Thomas F. Moore, Jr. Hon. Donald Cureton
Hon. Christy Mann Hon. Sean Smith
Hon. Ronald L. Chapman Hon. Matt Osman
Hon. Donnie Hoover
Hon. Theo X. Nixon Hon. Ty Hands
Hon. Paige B. McThenia Hon. Jena P. Culler

8. District Court
 Criminal
 Civil
 Domestic
 Juvenile
 Magisterial

9. District Court-Continued
 Criminal
 Preliminary "probable cause" hearings in felony cases
 Misdemeanor and infraction cases
 Has jurisdiction to accept guilty pleas in certain felony cases
 Trial by district court judges; no trial by jury
 Appeals are to the superior court for trial de novo before a jury
 Civil
 General civil cases $10,000 or less
 Civil cases in District Court may be tried before a jury
 Appeals are to the Court of Appeals

10. District Court-Continued
 Domestic
 Divorce
 Custody
 Child Support
 Spousal Support
 Equitable Distribution

11. District Court-Continued
 Juvenile
 All juvenile proceedings
 Juvenile proceedings concern children who are
delinquent, undisciplined, abused, neglected, or
dependent; proceedings are initiated by petition, and
the hearing conducted by the judge may be less
formal than in adult cases
 Juveniles alleged to be delinquent are entitled to have
the court appoint counsel

12. District Court - Continued
 Magisterial
 magistrates issue arrest and search warrants,
conduct initial appearances, and determine
conditions of pretrial release
 Accept guilty pleas for minor offenses, impose
punishment and conduct trials
 In civil cases, they preside over the trial of
small claims ($5,000 or less)

13. Senior Resident
Superior Court Judge
 The Senior Resident Superior Court Judge
has the most seniority of the superior
court judges in the district and is
responsible for carrying out various
administrative duties.

14. Superior Court Judges
RESIDENT SUPERIOR COURT JUDGES
Hon. Richard D. Boner, Senior Resident
Hon. W. Robert Bell
Hon. Yvonne Mims Evans
Hon. Linwood O. Foust
Hon. Eric Levinson
Hon. Hugh B. Lewis
Hon. William H. Constangy
SPECIAL SUPERIOR COURT JUDGE FOR COMPLEX
BUSINESS CASES
Hon. Calvin Murphy
SPECIAL SUPERIOR COURT JUDGE
Hon. F. Lane Williamson

15. Superior Court
 Criminal
 Felonies
 Misdemeanor Appeals
 Trial by jury

16. Superior Court - Continued
 Civil
 Lawsuits $10,000 +
 Certain special proceedings
 Condemnation actions and proceedings
 Corporate receiverships
 Review of decisions of administrative agencies where the
principal relief sought is injunctive or declaratory to establish the
validity of a statute, ordinance or regulation, or enforcement or
declaration of any claim of constitutional right.
 Exclusive original jurisdiction for probate of wills and for
administration of decedent's estates
 Trial by jury

17. Trial Court
Administrator

18. Trial Court Administrator’s Office
Organizational Chart

19. The Role of the TCA
 Facilitator for change
 Provide professional management
 Plan, organize, & direct non-judicial activities
 Development of local rules & administrative
policies
 Budgeting, personnel oversight, facilities
management
 Research & strategic planning, grant
procurement
 Program development & project management

20. Clerk of Superior
Court

21. Clerk of Superior Court
 Elected every 4 years
 Judge of probate
 Record keeper
 Comptroller
 Administrator/Manager

22. Administrator/Manager
 200 full time Assistant & Deputy Clerk
positions
 Answer phones, assist the public, files all
papers, issue civil summons, subpoenas,
orders for arrest, executions, writs, show
cause orders
 Courtroom clerks in criminal, civil, juvenile
 Seven departments

23. Clerk of Court Departments
 Bookkeeping  Estates
 Cashiers  Special Proceedings
 Civil  Juvenile
 Criminal

24. District Attorney

25. District Attorney
 Attorney who is elected for a four-year term by
the voters within the district he or she serves.
 Primary duty is to represent the state in all
criminal and some juvenile matters
 Responsible for preparing the criminal trial
docket and advising law enforcement officers in
the district

26. Public Defender

27. Public Defender
 Represents persons charged with criminal
offenses who cannot afford to hire a private
attorney
 Appointed by Senior Resident Superior Court
Judge for 4 year term
 Defendants assigned by the court are
represented at the State's expense
 Handle misdemeanor & felony trials, represent
defendants on motions for appropriate relief,
represents persons who are facing involuntary
commitment for mental illness, alcohol problems
or drug abuse, as well as juveniles who are
charged as delinquents

28. Magistrates

29. Magistrates
 Appointed for two-year terms by the Senior
Resident Superior Court Judge upon
nomination of the Clerk of Superior Court
 Officers of the district court subject to
supervision of Chief District Court Judge in
judicial matters

30. Magistrates
 In criminal matters, magistrates issue arrest and
search warrants and set bail. They have
authority to:
 accept guilty pleas to minor misdemeanors and pleas
of responsibility to infractions;
 accept waivers of trial and guilty pleas to certain
traffic littering, wildlife, boating, marine fisheries,
state park recreation and alcoholic beverage
violations; and
 accept waivers of trial and guilty pleas in worthless
check cases in which the check is for $2000 or less

31. Magistrates
 In civil matters, hear small claims cases,
including summary ejectment (landlord's action
to evict a tenant) cases.
 Authorized to perform marriage ceremonies,
assign a year's allowance to a surviving spouse,
administer oaths, verify pleadings and take
acknowledgments (notarization) of instruments.

32. Questions?