North Carolina Supreme Court
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The Supreme Court of the State of North Carolina is the state of North Carolina's highest
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
. Until the creation of the
North Carolina Court of Appeals The North Carolina Court of Appeals (in case citation, N.C. Ct. App.) is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating panels of three. The Court of Appeals was create ...
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 from time to time. The primary function of the Supreme Court is to decide questions of law that have arisen in the
lower court A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed ...
s and before state administrative agencies.


History

The first North Carolina appellate court, created in 1799, was called the Court of Conference and consisted of several North Carolina Superior Court (trial) judges sitting ''en banc'' twice each year to review appeals from their courts. In 1805 it was named the Supreme Court, and a seal and motto were to be procured. From the time the North Carolina General Assembly created the Court as a distinct body in 1818 until 1868, the members of the Court were chosen by the General Assembly and served for life, or "during good behavior." The legislature appointed John Louis Taylor, Leonard Henderson, and John Hall as the first Supreme Court judges. The three judges were allowed to select their own Chief Justice, and they chose Taylor. The Court first met on January 1, 1819. Since the adoption of the 1868 state constitution, each justice has been elected (separately, including a distinct Chief Justice position) by the people to an eight-year term. There are no term limits, but there are age limits of 72. The General Assembly made Supreme Court elections non-partisan starting with the 2004 elections, but later made them partisan again after the
2016 elections The following elections occurred in the year 2016. Africa Benin Republic * 2016 Beninese presidential election 6 March 2016 Cape Verde * 2016 Cape Verdean presidential election 2 October 2016 Chad * 2016 Chadian presidential election 1 ...
. Susie Sharp became the court's first female justice in 1962 (and later, she became its first female chief justice). In 2011, the court had a female majority for the first time (that majority ended in 2014 with the retirement of Chief Justice
Sarah Parker Sarah Parker (born August 23, 1942) is an American judge who served as the chief justice of the North Carolina Supreme Court from February 2006 until August 2014. Education and career Born in Charlotte, North Carolina, Parker attended Meredith ...
). The Supreme Court is housed in the Law and Justice Building, located across from the
North Carolina State Capitol The North Carolina State Capitol is the former seat of the legislature of the U.S. state of North Carolina which housed all of the state's government until 1888. The Supreme Court and State Library moved into a separate building in 1888, and the ...
in
Raleigh, North Carolina Raleigh (; ) is the capital city of the state of North Carolina and the seat of Wake County in the United States. It is the second-most populous city in North Carolina, after Charlotte. Raleigh is the tenth-most populous city in the Southe ...
. The building was built in 1940 and underwent major renovations in 2005–2007. In 1975, a new seal was adopted. The old Latin phrase Suum cuique was amended to Suum cuique tribuere.


''Bayard v. Singleton'' (1787)

The court's controversial 1787 decision in ''Bayard v. Singleton'' is among its most significant. ''Bayard'', involving a dispute over property confiscated during the Revolutionary War, was the first ruling in America to declare a legislative act unconstitutional, thus establishing the principle of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. Judicial review was later adopted by the U.S. Supreme Court in '' Marbury v. Madison'' (1803). The ruling led to a discussion between Supreme Court justice James Iredell and
Founding Father The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...
Richard Dobbs Spaight Richard Dobbs Spaight (March 25, 1758September 6, 1802) was an American Founding Father, politician, planter, and signer of the United States Constitution, who served as a Democratic-Republican U.S. Representative for North Carolina's 10th c ...
as to the proper role of judges in the Constitutional Republic, leaving Spaight questioning if a court had a right to overturn the legislation. ''Bayard'' involved a host of North Carolina's Revolutionary Era luminaries: future U.S. Supreme Court Justice
Alfred Moore Alfred Moore (May 21, 1755 – October 15, 1810) was an American judge, lawyer, planter and military officer who became an associate justice of the Supreme Court of the United States. Moore Square, a park located in the Moore Square Hist ...
argued the case on behalf of the state, and the opinion was written by future Governor of North Carolina Samuel Ashe. Though ''Bayard'' was technically decided by the North Carolina Superior Court, before the Supreme Court of North Carolina was established, it is now widely attributed to the current supreme court.


Justices


Current justices

The Court's current members are:


Chief justices

''Note that dates are for service as chief justice only. Many chief justices have also served as associate justices.'' # John Louis Taylor (1818–1829) # Leonard Henderson (1829–1833) # Thomas Ruffin (1833–1852) # Frederick Nash (1852–1858) # Richmond Mumford Pearson (1858–1878) # William Nathan Harrell Smith (1878–1889) # Augustus Summerfield Merrimon (1889–1892) # James E. Shepherd (1893–1895) # William T. Faircloth (1895–1901) # David M. Furches (1901–1903) # Walter Clark (1903–1924) # William A. Hoke (1924–1925) # Walter P. Stacy (1925–1951) # William A. Devin (1951–1954) # M.V. Barnhill (1954–1956) # J. Wallace Winborne (1956–1962) # Emery B. Denny (1962–1966) # R. Hunt Parker (1966–1969) # William H. Bobbitt (1969–1974) # Susie Sharp (1975–1979) # Joseph Branch (1979–1986) # Rhoda Billings (1986) # James G. Exum (1986–1995) # Burley Mitchell (1995–1999) # Henry Frye (1999–2001) #
I. Beverly Lake Jr. Isaac Beverly Lake Jr. (January 30, 1934 – September 12, 2019) was an American jurist and politician, who served as chief justice of the North Carolina Supreme Court. Early life I. Beverly Lake Jr. was born on January 30, 1934, in Raleigh, No ...
(2001–2006) #
Sarah Parker Sarah Parker (born August 23, 1942) is an American judge who served as the chief justice of the North Carolina Supreme Court from February 2006 until August 2014. Education and career Born in Charlotte, North Carolina, Parker attended Meredith ...
(2006–2014) #
Mark Martin Mark Anthony Martin (born January 9, 1959) is a retired American stock car racing driver. He has the second most wins all time in what is now the Xfinity Series with 49. He scored 40 Cup Series wins. He finished second in the NASCAR Cup Series s ...
(2014–2019) # Cheri Beasley (2019–2020) # Paul Newby (2021–present)


See also

*
North Carolina Court of Appeals The North Carolina Court of Appeals (in case citation, N.C. Ct. App.) is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating panels of three. The Court of Appeals was create ...


Notes


External links


North Carolina Supreme Court official page



Video: Reflections on the History of the Supreme Court of North Carolina

History of the Supreme Court by Chief Justice Walter Clark (1919)

NC Supreme Court Historical Society


by Robert Digges Wimberly Connor {{authority control North Carolina state courts
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and ...
1818 establishments in North Carolina Courts and tribunals established in 1818