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North Carolina Constitution, Article IV

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North Carolina/Constitution

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Article IV, JUDICIAL

22 sections · 0 paragraphs in this article.

All articles153 Art. I38 Art. II23 Art. III11 Art. IV22 Art. V14 Art. VI10 Art. VII3 Art. VIII2 Art. IX10 Art. X5 Art. XI4 Art. XII1 Art. XIII4 Art. XIV6

22 provisions·Filtered byArt. IV✕

N.C. Const. art. IV, § 1 Judicial power
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The judicial power of the State shall, except as provided in Section 3 of this Article, be vested in a Court for the Trial of Impeachments and in a General Court of Justice. The General Assembly shall have no power to deprive the judicial department of any power or jurisdiction t…
N.C. Const. art. IV, § 2 General Court of Justice
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The General Court of Justice shall constitute a unified judicial system for purposes of jurisdiction, operation, and administration, and shall consist of an Appellate Division, a Superior Court Division, and a District Court Division.
N.C. Const. art. IV, § 3 Judicial powers of administrative agencies
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The General Assembly may vest in administrative agencies established pursuant to law such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which the agencies were created. Appeals from administrative agencies shall be to the …
N.C. Const. art. IV, § 4 Court for the Trial of Impeachments
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The House of Representatives solely shall have the power of impeaching. The Court for the Trial of Impeachments shall be the Senate. When the Governor or Lieutenant Governor is impeached, the Chief Justice shall preside over the Court. A majority of the members shall be necessary…

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N.C. Const. art. IV, § 5 Appellate division

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The Appellate Division of the General Court of Justice shall consist of the Supreme Court and the Court of Appeals.

N.C. Const. art. IV, § 6 Supreme Court

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(1) Membership. The Supreme Court shall consist of a Chief Justice and six Associate Justices, but the General Assembly may increase the number of Associate Justices to not more than eight. In the event the Chief Justice is unable, on account of absence or temporary incapacity, t…

N.C. Const. art. IV, § 7 Court of Appeals

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The structure, organization, and composition of the Court of Appeals shall be determined by the General Assembly. The Court shall have not less than five members, and may be authorized to sit in divisions, or other than en banc. Sessions of the Court shall be held at such times a…

N.C. Const. art. IV, § 8 Retirement of Justices and Judges

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The General Assembly shall provide by general law for the retirement of Justices and Judges of the General Court of Justice, and may provide for the temporary recall of any retired Justice or Judge to serve on the court or courts of the division from which he was retired. The Gen…

N.C. Const. art. IV, § 9 Superior Courts

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(1) Superior Court districts. The General Assembly shall, from time to time, divide the State into a convenient number of Superior Court judicial districts and shall provide for the election of one or more Superior Court Judges for each district. Each regular Superior Court Judge…

N.C. Const. art. IV, § 10 District Courts

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The General Assembly shall, from time to time, divide the State into a convenient number of local court districts and shall prescribe where the District Courts shall sit, but a District Court must sit in at least one place in each county. District Judges shall be elected for each…

N.C. Const. art. IV, § 11 Assignment of Judges

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The Chief Justice of the Supreme Court, acting in accordance with rules of the Supreme Court, shall make assignments of Judges of the Superior Court and may transfer District Judges from one district to another for temporary or specialized duty. The principle of rotating Superior…

N.C. Const. art. IV, § 12 Jurisdiction of the General Court of Justice

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(1) Supreme Court. The Supreme Court shall have jurisdiction to review upon appeal any decision of the courts below, upon any matter of law or legal inference. The jurisdiction of the Supreme Court over "issues of fact" and "questions of fact" shall be the same exercised by it pr…

N.C. Const. art. IV, § 13 Forms of action; rules of procedure

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(1) Forms of action. There shall be in this State but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which shall be denominated a civil action, and in which there shall be a right to have issues of fact tried before a jury…

N.C. Const. art. IV, § 14 Waiver of jury trial

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In all issues of fact joined in any court, the parties in any civil case may waive the right to have the issues determined by a jury, in which case the finding of the judge upon the facts shall have the force and effect of a verdict by a jury.

N.C. Const. art. IV, § 15 Administration

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The General Assembly shall provide for an administrative office of the courts to carry out the provisions of this Article.

N.C. Const. 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

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Justices of the Supreme Court, Judges of the Court of Appeals, and regular Judges of the Superior Court shall be elected by the qualified voters and shall hold office for terms of eight years and until their successors are elected and qualified. Justices of the Supreme Court and…

N.C. Const. art. IV, § 17 Removal of Judges, Magistrates and Clerks

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(1) Removal of Judges by the General Assembly. Any Justice or Judge of the General Court of Justice may be removed from office for mental or physical incapacity by joint resolution of two-thirds of all the members of each house of the General Assembly. Any Justice or Judge agains…

N.C. Const. art. IV, § 18 District Attorney and Prosecutorial Districts

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(1) District Attorneys. The General Assembly shall, from time to time, divide the State into a convenient number of prosecutorial districts, for each of which a District Attorney shall be chosen for a term of four years by the qualified voters thereof, at the same time and places…

N.C. Const. art. IV, § 19 Vacancies

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Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor, and the appointees shall hold their places until the next election for members of the General Assembly that is held more …

N.C. Const. art. IV, § 20 Revenues and expenses of the judicial department

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The General Assembly shall provide for the establishment of a schedule of court fees and costs which shall be uniform throughout the State within each division of the General Court of Justice. The operating expenses of the judicial department, other than compensation to process s…

N.C. Const. art. IV, § 21 Fees, salaries, and emoluments

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The General Assembly shall prescribe and regulate the fees, salaries, and emoluments of all officers provided for in this Article, but the salaries of Judges shall not be diminished during their continuance in office. In no case shall the compensation of any Judge or Magistrate b…

N.C. Const. art. IV, § 22 Qualification of Justices and Judges

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