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 created ...
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
![NC Supreme Court](https://upload.wikimedia.org/wikipedia/commons/9/93/NC_Supreme_Court.JPG)
The first North Carolina appellate court, created in 1799, was called the Court of Conference and consisted of several
North Carolina Superior Court The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court.
Jurisdiction and administration
The Superior Court is the trial court of general jurisdiction in North Caroli ...
(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
The North Carolina General Assembly is the Bicameralism, bicameral legislature of the Government of North Carolina, State government of North Carolina. The legislature consists of two chambers: the North Carolina Senate, Senate and the North Ca ...
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
John Louis Taylor (March 1, 1769 – January 29, 1829) was an American jurist and first chief justice of the North Carolina Supreme Court.
Born in London, England, he is the only foreign-born Chief Justice in state history. He was brought to Amer ...
,
Leonard Henderson
Leonard Henderson (October 6, 1772 – August 13, 1833) was an American jurist who served as chief justice of the North Carolina Supreme Court from 1829 to 1833, and an associate judge of that court beforehand.
Biography
Henderson was born in G ...
, and
John Hall John Hall may refer to:
Academics
* John Hall (NYU President) (fl. c. 1890), American academic
* John A. Hall (born 1949), sociology professor at McGill University, Montreal
* John F. Hall (born 1951), professor of classics at Brigham Young Unive ...
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.
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 List of North Carolina county seats, seat of Wake County, North Carolina, Wake County in the United States. It is the List of municipalities in North Carolina, second-most ...
. 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
"" (), or "''Unicuique suum''", is a Latin phrase often translated as "to each his own" or "may all get their due". It has been significant in the history of philosophy and as a motto.
History Antiquity
The Latin phrase relates to an old G ...
was amended to
Suum cuique tribuere.
''Bayard v. Singleton'' (1787)
![African American Justices of the NC Supreme Court (cropped)](https://upload.wikimedia.org/wikipedia/commons/a/a4/African_American_Justices_of_the_NC_Supreme_Court_%28cropped%29.jpg)
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 incompat ...
. Judicial review was later adopted by the U.S. Supreme Court in ''
Marbury v. Madison
''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a List of landmark court decisions in the United States, landmark Supreme Court of the United States, U.S. Supreme Court case that established the principle of Judicial review in the Uni ...
'' (1803). The ruling led to a discussion between Supreme Court justice
James Iredell
James Iredell (October 5, 1751 – October 20, 1799) was one of the first Justices of the Supreme Court of the United States. He was appointed by President George Washington and served from 1790 until his death in 1799. His son, James Iredel ...
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 The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court.
Jurisdiction and administration
The Superior Court is the trial court of general jurisdiction in North Caroli ...
, 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
John Louis Taylor (March 1, 1769 – January 29, 1829) was an American jurist and first chief justice of the North Carolina Supreme Court.
Born in London, England, he is the only foreign-born Chief Justice in state history. He was brought to Amer ...
(1818–1829)
#
Leonard Henderson
Leonard Henderson (October 6, 1772 – August 13, 1833) was an American jurist who served as chief justice of the North Carolina Supreme Court from 1829 to 1833, and an associate judge of that court beforehand.
Biography
Henderson was born in G ...
(1829–1833)
#
Thomas Ruffin
Thomas Ruffin (1787–1870) was an American jurist and justice of the North Carolina Supreme Court from 1829 to 1852 and again from 1858 to 1859. He was chief justice of that Court from 1833 to 1852.
Biography
Thomas Ruffin was born on November ...
(1833–1852)
#
Frederick Nash
Frederick Nash (February 9, 1781 – December 5, 1858) was an American lawyer and jurist from Hillsborough, North Carolina. He served on the North Carolina Supreme Court and was its chief justice from 1852 until his death.
Frederick was the son ...
(1852–1858)
#
Richmond Mumford Pearson
Richmond Mumford Pearson (1805–1878) was an American jurist who served as chief justice of the North Carolina Supreme Court from 1858 to 1878. He was the father of Congressman Richmond Pearson and the father-in-law of North Carolina Governor D ...
(1858–1878)
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William Nathan Harrell Smith (1878–1889)
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Augustus Summerfield Merrimon
Augustus Summerfield Merrimon (September 15, 1830November 14, 1892) was a Democratic U.S. senator from the state of North Carolina between 1873 and 1879.
An attorney from Buncombe County, North Carolina, Merrimon served in the North Carolina H ...
(1889–1892)
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James E. Shepherd (1893–1895)
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William T. Faircloth (1895–1901)
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David M. Furches (1901–1903)
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Walter Clark (1903–1924)
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William A. Hoke (1924–1925)
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Walter P. Stacy (1925–1951)
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William A. Devin (1951–1954)
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M.V. Barnhill (1954–1956)
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J. Wallace Winborne (1956–1962)
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Emery B. Denny (1962–1966)
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R. Hunt Parker (1966–1969)
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William H. Bobbitt (1969–1974)
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Susie Sharp (1975–1979)
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Joseph Branch (1979–1986)
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Rhoda Billings
Rhoda Bryan Billings (born September 30, 1937) is an American lawyer and a former justice of the North Carolina Supreme Court.
Billings is a native of Wilkesboro, North Carolina. She earned her law degree from Wake Forest University School of L ...
(1986)
#
James G. Exum
James Gooden Exum Jr. also known as Jim Exum (born September 14, 1935) is an American jurist who served on the North Carolina Supreme Court from 1975 to 1994, and as chief justice from 1986 to 1994.
Under his leadership, the court "expanded civil ...
(1986–1995)
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Burley Mitchell
Burley Bayard Mitchell Jr. (born December 15, 1940) is an American jurist and former Chief Justice of the North Carolina Supreme Court. He received his bachelor's degree from North Carolina State University and his J.D. degree from the Universit ...
(1995–1999)
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Henry Frye
Henry E. Frye (born August 1, 1932) is an American judge and politician who served as the first African-American chief justice of the North Carolina Supreme Court.
Early life and education
Henry Frye was born August 1, 1932, in Ellerbe, Richmond ...
(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)
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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 st ...
(2014–2019)
#
Cheri Beasley (2019–2020)
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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 created ...
Notes
External links
North Carolina Supreme Court official pageVideo: Reflections on the History of the Supreme Court of North CarolinaHistory of the Supreme Court by Chief Justice Walter Clark (1919)NC Supreme Court Historical Societyby
Robert Digges Wimberly Connor
Robert Digges Wimberly Connor (September 26, 1878 – February 25, 1950) was an American historian who served as the first state archivist of North Carolina from 1907 to 1921, and later as the first Archivist of the United States from 1934 to ...
{{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 So ...
1818 establishments in North Carolina
Courts and tribunals established in 1818