32
North Carolina North Carolina Court Structure Court Structure

Nc court structure_youth civics

Embed Size (px)

DESCRIPTION

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

Citation preview

Page 1: Nc court structure_youth civics

North Carolina North Carolina Court StructureCourt Structure

Page 2: Nc court structure_youth civics

42 Districts

Page 3: Nc court structure_youth civics

46 Districts & 8 Divisions

Page 4: Nc court structure_youth civics

North Carolina Court StructureNorth Carolina Court StructureSupreme Court

7 Justices

Administrative Office of Courts395

Trial Court Administrator

Court of Appeals15 Judges

Superior Court109 Judges

District Court256 Judges

Magistrates724

Clerks of Superior Court100 Clerks & 2,390 Clerk Personnel

Page 5: Nc court structure_youth civics

District 26 Mecklenburg CountyDistrict 26 Mecklenburg County

Senior Resident Superior Court Judge Senior Resident Superior Court Judge (elected)(elected)

Chief District Court Judge (elected)Chief District Court Judge (elected)

Trial Court AdministratorTrial Court Administrator

Clerk of Superior Court (elected)Clerk of Superior Court (elected)

District Attorney (elected)District Attorney (elected)

Public DefenderPublic Defender

Page 6: Nc court structure_youth civics

Chief District Court JudgeChief District Court Judge

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

Page 7: Nc court structure_youth civics

District Court JudgesDistrict Court JudgesHon. Lisa C. Bell, ChiefHon. Lisa C. Bell, Chief

Hon. Rickye Hon. Rickye McKoyMcKoy--MitchellMitchell Hon. Louis A. Trosch, Jr.Hon. Louis A. Trosch, Jr.

Hon. Regan A. MillerHon. Regan A. Miller Hon. Rebecca Thorne TinHon. Rebecca Thorne Tin Hon. Thomas F. Moore, Jr.Hon. Thomas F. Moore, Jr.

Hon. Christy MannHon. Christy Mann Hon. Ronald L. ChapmanHon. Ronald L. Chapman

Hon. Donnie HooverHon. Donnie Hoover Hon. Theo X. NixonHon. Theo X. Nixon

Hon. Paige B. McTheniaHon. Paige B. McThenia

Hon. Kimberly Y. BestHon. Kimberly Y. Best Hon. Charlotte BrownHon. Charlotte Brown

Hon. John W. Hon. John W. TottenTotten, III, III Hon. Elizabeth T. TroschHon. Elizabeth T. Trosch

Hon. Karen EadyHon. Karen Eady--WilliamsWilliamsHon. Donald CuretonHon. Donald Cureton

Hon. Sean SmithHon. Sean SmithHon. Matt OsmanHon. Matt Osman

Hon. Ty HandsHon. Ty HandsHon. Jena P. CullerHon. Jena P. Culler

Page 8: Nc court structure_youth civics

District CourtDistrict Court

Criminal Criminal

CivilCivil

DomesticDomestic

JuvenileJuvenile

MagisterialMagisterial

Page 9: Nc court structure_youth civics

District CourtDistrict Court--ContinuedContinued

CriminalCriminal

Preliminary "probable cause" hearings in felony casesPreliminary "probable cause" hearings in felony cases

Misdemeanor and infraction casesMisdemeanor and infraction cases

Has jurisdiction to accept guilty pleas in certain felony cases Has jurisdiction to accept guilty pleas in certain felony cases

Trial by district court judges; no trial by jury Trial by district court judges; no trial by jury

Appeals are to the superior court for trial de novo before a jurAppeals are to the superior court for trial de novo before a jury y

CivilCivil

General civil cases $10,000 or lessGeneral civil cases $10,000 or less

Civil cases in District Court may be tried before a juryCivil cases in District Court may be tried before a jury

Appeals are to the Court of Appeals Appeals are to the Court of Appeals

Page 10: Nc court structure_youth civics

District CourtDistrict Court--ContinuedContinued

DomesticDomestic

DivorceDivorce

CustodyCustody

Child SupportChild Support

Spousal SupportSpousal Support

Equitable DistributionEquitable Distribution

Page 11: Nc court structure_youth civics

District CourtDistrict Court--ContinuedContinued

JuvenileJuvenile

All juvenile proceedingsAll juvenile proceedings

Juvenile proceedings concern children who are Juvenile proceedings concern children who are delinquent, undisciplined, abused, neglected, or delinquent, undisciplined, abused, neglected, or dependent; proceedings are initiated by petition, and dependent; proceedings are initiated by petition, and the hearing conducted by the judge may be less the hearing conducted by the judge may be less formal than in adult casesformal than in adult cases

Juveniles alleged to be delinquent are entitled to have Juveniles alleged to be delinquent are entitled to have the court appoint counselthe court appoint counsel

Page 12: Nc court structure_youth civics

District Court District Court -- ContinuedContinued

MagisterialMagisterial

magistrates issue arrest and search warrants, magistrates issue arrest and search warrants, conduct initial appearances, and determine conduct initial appearances, and determine conditions of pretrial releaseconditions of pretrial release

Accept guilty pleas for minor offenses, impose Accept guilty pleas for minor offenses, impose punishment and conduct trialspunishment and conduct trials

In civil cases, they preside over the trial of In civil cases, they preside over the trial of small claims ($5,000 or less)small claims ($5,000 or less)

Page 13: Nc court structure_youth civics

Senior Resident Senior Resident Superior Court JudgeSuperior Court Judge

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

Page 14: Nc court structure_youth civics

Superior Court JudgesSuperior Court JudgesRESIDENT SUPERIOR COURT JUDGES

Hon. Richard D. Boner, Senior ResidentHon. W. Robert Bell

Hon. Yvonne Mims EvansHon. Linwood O. Foust

Hon. Eric LevinsonHon. Hugh B. Lewis

Hon. William H. Constangy

SPECIAL SUPERIOR COURT JUDGE FOR COMPLEX BUSINESS CASES

Hon. Calvin Murphy

SPECIAL SUPERIOR COURT JUDGEHon. F. Lane Williamson

Page 15: Nc court structure_youth civics

Superior CourtSuperior Court

CriminalCriminal

FeloniesFelonies

Misdemeanor AppealsMisdemeanor Appeals

Trial by juryTrial by jury

Page 16: Nc court structure_youth civics

Superior Court Superior Court -- ContinuedContinued

CivilCivil

Lawsuits $10,000 +Lawsuits $10,000 +

Certain special proceedings Certain special proceedings

Condemnation actions and proceedingsCondemnation actions and proceedings

Corporate receiverships Corporate receiverships

Review of decisions of administrative agencies where the Review of decisions of administrative agencies where the principal relief sought is injunctive or declaratory to establisprincipal relief sought is injunctive or declaratory to establish the h the validity of a statute, ordinance or regulation, or enforcement ovalidity of a statute, ordinance or regulation, or enforcement or r declaration of any claim of constitutional right. declaration of any claim of constitutional right.

Exclusive original jurisdiction for probate of wills and for Exclusive original jurisdiction for probate of wills and for administration of decedent's estatesadministration of decedent's estates

Trial by juryTrial by jury

Page 17: Nc court structure_youth civics

Trial Court Trial Court AdministratorAdministrator

Page 18: Nc court structure_youth civics

Trial Court AdministratorTrial Court Administrator’’s Office s Office Organizational ChartOrganizational Chart

Page 19: Nc court structure_youth civics

The Role of the TCAThe Role of the TCA

Facilitator for changeFacilitator for change

Provide professional management Provide professional management

Plan, organize, & direct nonPlan, organize, & direct non--judicial activities judicial activities

Development of local rules & administrative Development of local rules & administrative policiespolicies

Budgeting, personnel oversight, facilities Budgeting, personnel oversight, facilities managementmanagement

Research & strategic planning, grant Research & strategic planning, grant procurementprocurement

Program development & project managementProgram development & project management

Page 20: Nc court structure_youth civics

Clerk of Superior Clerk of Superior CourtCourt

Page 21: Nc court structure_youth civics

Clerk of Superior CourtClerk of Superior Court

Elected every 4 yearsElected every 4 years

Judge of probateJudge of probate

Record keeperRecord keeper

ComptrollerComptroller

Administrator/ManagerAdministrator/Manager

Page 22: Nc court structure_youth civics

Administrator/ManagerAdministrator/Manager

200 full time Assistant & Deputy Clerk 200 full time Assistant & Deputy Clerk positionspositions

Answer phones, assist the public, files all Answer phones, assist the public, files all papers, issue civil summons, subpoenas, papers, issue civil summons, subpoenas, orders for arrest, executions, writs, show orders for arrest, executions, writs, show cause orderscause orders

Courtroom clerks in criminal, civil, juvenileCourtroom clerks in criminal, civil, juvenile

Seven departmentsSeven departments

Page 23: Nc court structure_youth civics

Clerk of Court DepartmentsClerk of Court Departments

BookkeepingBookkeeping

CashiersCashiers

CivilCivil

Criminal Criminal

Estates Estates

Special ProceedingsSpecial Proceedings

JuvenileJuvenile

Page 24: Nc court structure_youth civics

District AttorneyDistrict Attorney

Page 25: Nc court structure_youth civics

District AttorneyDistrict Attorney

Attorney who is elected for a fourAttorney who is elected for a four--year term by year term by the voters within the district he or she serves.the voters within the district he or she serves.

Primary duty is to represent the state in all Primary duty is to represent the state in all criminal and some juvenile matterscriminal and some juvenile matters

Responsible for preparing the criminal trial Responsible for preparing the criminal trial docket and advising law enforcement officers in docket and advising law enforcement officers in the district the district

Page 26: Nc court structure_youth civics

Public DefenderPublic Defender

Page 27: Nc court structure_youth civics

Public DefenderPublic Defender

Represents persons charged with criminal Represents persons charged with criminal offenses who cannot afford to hire a private offenses who cannot afford to hire a private attorneyattorney

Appointed by Senior Resident Superior Court Appointed by Senior Resident Superior Court Judge for 4 year termJudge for 4 year term

Defendants assigned by the court are Defendants assigned by the court are represented at the State's expenserepresented at the State's expense

Handle misdemeanor & felony trials, represent Handle misdemeanor & felony trials, represent defendants on motions for appropriate relief, defendants on motions for appropriate relief, represents persons who are facing involuntary represents persons who are facing involuntary commitment for mental illness, alcohol problems commitment for mental illness, alcohol problems or drug abuse, as well as juveniles who are or drug abuse, as well as juveniles who are charged as delinquentscharged as delinquents

Page 28: Nc court structure_youth civics

MagistratesMagistrates

Page 29: Nc court structure_youth civics

MagistratesMagistrates

Appointed for twoAppointed for two--year terms by the Senior year terms by the Senior Resident Superior Court Judge upon Resident Superior Court Judge upon nomination of the Clerk of Superior Courtnomination of the Clerk of Superior Court

Officers of the district court subject to Officers of the district court subject to supervision of Chief District Court Judge in supervision of Chief District Court Judge in judicial mattersjudicial matters

Page 30: Nc court structure_youth civics

MagistratesMagistrates

In criminal matters, magistrates issue arrest and In criminal matters, magistrates issue arrest and search warrants and set bail. They have search warrants and set bail. They have authority to: authority to:

accept guilty pleas to minor misdemeanors and pleas accept guilty pleas to minor misdemeanors and pleas of responsibility to infractions; of responsibility to infractions;

accept waivers of trial and guilty pleas to certain accept waivers of trial and guilty pleas to certain traffic littering, wildlife, boating, marine fisheries, traffic littering, wildlife, boating, marine fisheries, state park recreation and alcoholic beverage state park recreation and alcoholic beverage violations; and violations; and

accept waivers of trial and guilty pleas in worthless accept waivers of trial and guilty pleas in worthless check cases in which the check is for $2000 or lesscheck cases in which the check is for $2000 or less

Page 31: Nc court structure_youth civics

MagistratesMagistrates

In civil matters, hear small claims cases, In civil matters, hear small claims cases, including summary including summary ejectmentejectment (landlord's action (landlord's action to evict a tenant) cases. to evict a tenant) cases.

Authorized to perform marriage ceremonies, Authorized to perform marriage ceremonies, assign a year's allowance to a surviving spouse, assign a year's allowance to a surviving spouse, administer oaths, verify pleadings and take administer oaths, verify pleadings and take acknowledgments (notarization) of instruments. acknowledgments (notarization) of instruments.

Page 32: Nc court structure_youth civics

Questions?Questions?