NORTH CAROLINA CONSTITUTION
ARTICLE IV
JUDICIAL
Art. IV §1 | JUDICIAL POWER
Art. IV §2 | GENERAL COURT OF JUSTICE
Art. IV §3 | JUDICIAL POWERS OF ADMINISTRATIVE AGENCIES
Art. IV §4 | COURT FOR THE TRIAL OF IMPEACHMENTS
Art. IV §5 | APPELLATE DIVISION
Art. IV §6 | SUPREME COURT
(2) Sessions of the Supreme Court. The sessions of the Supreme Court shall be held in the City of Raleigh unless otherwise provided by the General Assembly.
Art. IV §7 | COURT OF APPEALS
Art. IV §8 | RETIREMENT OF JUSTICES AND JUDGES
Art. IV §9 | SUPERIOR COURTS
(2) Open at all times; sessions for trial of cases. The Superior Courts shall be open at all times for the transaction of all business except the trial of issues of fact requiring a jury. Regular trial sessions of the Superior Court shall be held at times fixed pursuant to a calendar of courts promulgated by the Supreme Court. At least two sessions for the trial of jury cases shall be held annually in each county.
(3) Clerks. A Clerk of the Superior Court for each county shall be elected for a term of four years by the qualified voters thereof, at the same time and places as members of the General Assembly are elected. If the office of Clerk of the Superior Court becomes vacant otherwise than by the expiration of the term, or if the people fail to elect, the senior regular resident Judge of the Superior Court serving the county shall appoint to fill the vacancy until an election can be regularly held.
Art. IV §10 | DISTRICT COURTS
Art. IV §11 | ASSIGNMENT OF JUDGES
Art. IV §12 | JURISDICTION OF THE GENERAL COURT OF JUSTICE
(2) Court of Appeals. The Court of Appeals shall have such appellate jurisdiction as the General Assembly may prescribe.
(3) Superior Court. Except as otherwise provided by the General Assembly, the Superior Court shall have original general jurisdiction throughout the State. The Clerks of the Superior Court shall have such jurisdiction and powers as the General Assembly shall prescribe by general law uniformly applicable in every county of the State.
(4) District Courts; Magistrates. The General Assembly shall, by general law uniformly applicable in every local court district of the State, prescribe the jurisdiction and powers of the District Courts and Magistrates.
(5) Waiver. The General Assembly may by general law provide that the jurisdictional limits may be waived in civil cases.
(6) Appeals. The General Assembly shall by general law provide a proper system of appeals. Appeals from Magistrates shall be heard de novo, with the right of trial by jury as defined in this Constitution and the laws of this State.
Art. IV §13 | FORMS OF ACTION; RULES OF PROCEDURE
(2) Rules of procedure. The Supreme Court shall have exclusive authority to make rules of procedure and practice for the Appellate Division. The General Assembly may make rules of procedure and practice for the Superior Court and District Court Divisions, and the General Assembly may delegate this authority to the Supreme Court. No rule of procedure or practice shall abridge substantive rights or abrogate or limit the right of trial by jury. If the General Assembly should delegate to the Supreme Court the rule-making power, the General Assembly may, nevertheless, alter, amend, or repeal any rule of procedure or practice adopted by the Supreme Court for the Superior Court or District Court Divisions.
Art. IV §14 | WAIVER OF JURY TRIAL
Art. IV §15 | ADMINISTRATION
Art. IV §16 | TERMS OF OFFICE AND ELECTION OF JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND JUDGES OF THE SUPERIOR COURT
Art. IV §17 | REMOVAL OF JUDGES, MAGISTRATES AND CLERKS
(2) Additional method of removal of Judges. The General Assembly shall prescribe a procedure, in addition to impeachment and address set forth in this Section, for the removal of a Justice or Judge of the General Court of Justice for mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent, and for the censure and removal of a Justice or Judge of the General Court of Justice for wilful misconduct in office, wilful and persistent failure to perform his duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
(3) Removal of Magistrates. The General Assembly shall provide by general law for the removal of Magistrates for misconduct or mental or physical incapacity.
(4) Removal of Clerks. Any Clerk of the Superior Court may be removed from office for misconduct or mental or physical incapacity by the senior regular resident Superior Court Judge serving the county. Any Clerk against whom proceedings are instituted shall receive written notice of the charges against him at least 10 days before the hearing upon the charges. Any Clerk so removed from office shall be entitled to an appeal as provided by law.
Art. IV §18 | DISTRICT ATTORNEY AND PROSECUTORIAL DISTRICTS
(2) Prosecution in District Court Division. Criminal actions in the District Court Division shall be prosecuted in such manner as the General Assembly may prescribe by general law uniformly applicable in every local court district of the State.
Art. IV §19 | VACANCIES
Art. IV §20 | REVENUES AND EXPENSES OF THE JUDICIAL DEPARTMENT
Art. IV §21 | FEES, SALARIES, AND EMOLUMENTS
Art. IV §22 | QUALIFICATION OF JUSTICES AND JUDGES
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