Верховный суд штата Северная Каролина

Highest court in the U. S. state of North Carolina

The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices has varied. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies.

The state of North Carolina's first constitution, adopted in 1776, permitted the North Carolina General Assembly to appoint "Judges of the Supreme Courts of Law and Equity", but no appellate court was created for several years. The first one was the Court of Conference, established in 1799, consisting of several North Carolina Superior Court judges sitting en banc twice each year to review appeals from their courts. In 1805, the General Assembly renamed the institution the "Supreme Court", but left its composition the same. Five years later a law was passed empowering the governor to provide an official seal and motto for the court and granting the right of appeal to all parties in cases adjudicated by the Superior Court. The law also stipulated that the judges should record their decisions in writing and read them in court and permitted them to elect a chief justice from among their ranks. John Louis Taylor was selected as the first chief justice. In 1818, the General Assembly approved a bill proposed by State Senator William Gaston to create a distinct, independent Supreme Court with exclusive appellate jurisdiction over questions of law and equity arising from Superior Court cases. The court comprised three judges appointed by the General Assembly, with the judges to select a chief justice from among their number. Judges were salaried and served indefinitely "during good behavior". Susie Sharp became the court's first female justice in 1962. In October 1975, the court adopted a new official seal, amending the Latin phrase Suum cuique to Suum cuique tribuere.

The Supreme Court, along with the Court of Appeals, constitute the Appellate Division within North Carolina's unified court system, the General Court of Justice. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies. First degree murder convictions entailing capital sentences reached in trial courts are automatically scheduled for the court's review, as are cases involving North Carolina Utilities Commission rate determinations. The court is also required by law to examine all non unanimous Court of Appeals decisions. It has the power to depublish Court of Appeals decisions, thus allowing a lower ruling to stand but preventing it from forming legal precedent. The court's sole original jurisdiction is over cases of judicial discipline heard on the recommendation of the Judicial Standards Commission. It may, at its discretion, chose to hear direct appeals from trial courts without them first being brought before the Court of Appeals, if the court determines that a case involves a significant public interest, raises questions of major legal principles, or if a delay in its resolution would risk great harm. Justices of the court also sometimes issue advisory opinions in response to questions of law brought by officials in the executive and legislative branches.

The Supreme Court is constitutionally required to meet in Raleigh, unless directed otherwise by the General Assembly. State law permits the court to hold sessions in Morganton and Edenton. The court and its staff are housed in the Justice Building at 2 East Morgan Street in Raleigh. The justices sit for proceedings in a courtroom on the third floor.

The justices appoint their own court clerk, librarian, and reporter. the chief judge of the Court of Appeals, and the chief district court judges in each North Carolina District Courts district.

In the event the governor or lieutenant governor is impeached by the North Carolina House of Representatives, the chief justice of the Supreme Court presides over the impeachment trial in the North Carolina Senate. Justices of the Supreme Court can also be impeached and removed by the legislature.

The Supreme Court consists of one chief justice and six associate justices. In the event the chief justice is temporarily unavailable, the senior associate justice may assume their responsibilities. The constitution permits the General Assembly to add up to two additional associate justices. Justices are popularly elected and serve eight year terms. All candidates for election or appointment to the court must be licensed to practice law in the state.