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North Carolina Court of Appeals

The North Carolina Court of Appeals 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 by the North Carolina General Assembly in 1967 after voters approved a constitutional amendment in 1965 which "authorized the creation of an intermediate court of appeals to relieve pressure on the North Carolina Supreme Court."

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North Carolina Court of Appeals
Seal of the North Carolina Court of Appeals
Court of Appeals Building
Established1967
LocationRaleigh, North Carolina
Composition methodPartisan election
Authorised byConstitution of North Carolina
Appeals toNorth Carolina Supreme Court
Judge term length8 years (mandatory retirement at the age of 76)
Number of positions15
WebsiteCourt of Appeals
Chief Judge
CurrentlyChris Dillon

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.1 The Court of Appeals was created by the North Carolina General Assembly in 1967 after voters approved a constitutional amendment in 1965 which "authorized the creation of an intermediate court of appeals to relieve pressure on the North Carolina Supreme Court."2

Judges serve eight-year terms and are elected in statewide elections. The General Assembly made Court of Appeals elections non-partisan starting with the 2004 elections, but later made them partisan again after the 2016 elections.3

History

The creation of a Court of Appeals in North Carolina was first authorized by a constitutional amendment in 1965, but did not occur until a statute was made effective on January 1, 1967.4 It initially had six judges, but in 1969 was expanded to nine. The court was expanded in 1977 to 12 judges and in 2000 to 15.5

Function

The Court of Appeals, along with the Supreme Court, constitute the Appellate Division within North Carolina's unified court system, the General Court of Justice.6 Its structure is determined by statute.7

The court comprises 15 members, with one designated as a chief judge by the chief justice of the Supreme Court of North Carolina.6 Judges of the court are elected in statewide races to serve eight-year terms.8 Judges of the court convene in three member panels to hear cases. Rulings of one panel are binding upon other panels of the court and lower courts and can only be overruled by the Supreme Court.9 The panels are convened in such a manner that all judges are rotated to hear an equal number of cases with each of their colleagues.5 There is no mechanism by which the judges can be empaneled en banc.10

Current judges

Seat Name Born Start Term endsa Mandatory retirementb Party Law school
6 Chris Dillon, Chief Judge (1965-04-20) April 20, 1965 January 1, 2013 2028 April 30, 2041 Republican UNC
9 Donna Stroud (1964-06-28) June 28, 1964 January 1, 2007 2030 June 30, 2040 Republican Campbell
10 John Tyson (1953-07-14) July 14, 1953 January 1, 2015c 2030 July 31, 2029 Republican Campbell
14 Valerie Zachary (1962-08-28) August 28, 1962 July 31, 2015 2032 August 31, 2038 Republican Harvard
1 John Arrowood (1956-11-04) November 4, 1956 April 24, 2017d 2026 November 30, 2032 Democratic UNC
3 Allegra Collins (1972-01-13) January 13, 1972 January 1, 2019 2026 January 31, 2048 Democratic Campbell
2 Toby Hampson (1975-12-20) December 20, 1975 January 1, 2019 2026 December 31, 2051 Democratic Campbell
7 Jeff Carpenter 1972 (age 53–54) January 1, 2021 2028 August 31, 2048 Republican Campbell
4 April Wood (1973-08-10) August 10, 1973 January 1, 2021 2028 2049 Republican Regent
5 Fred Gore 1974 (age 51–52) January 1, 2021 2028 2050 Republican Appalachian
13 Jefferson Griffin (1980-10-07) October 7, 1980 January 1, 2021 2028 October 31, 2056 Republican NCCU
8 Julee Flood (1961-07-07) July 7, 1961 January 1, 2023 2030 July 31, 2037 Republican UNH
11 Michael Stading (1981-01-24) January 24, 1981 January 1, 2023 2030 January 31, 2057 Republican Campbell
12 Tom Murry (1977-05-08) May 8, 1977 January 1, 2025 2032 May 31, 2053 Republican Campbell
15 Chris Freeman (1977-08-05) August 5, 1977 January 1, 2025 2032 August 31, 2053 Republican Regent
  1. Term ends Dec. 31 of the year listed.
  2. Judges must retire on the last day of the month in which they turn age 76.11
  3. Previously elected to Seat 13 in 2000, and took office January 1, 2001 – December 31, 2008.
  4. Previously appointed to Seat 12 and took office September 7, 2007 – December 31, 2008.

Former judges

A partial list of former judges is listed below:12

See also

See also

References

References

  1. "GS_7A-16". www.ncleg.net. Retrieved January 7, 2016.
  2. "Court of Appeals Celebrates 40th Anniversary". NC Bar Association site.
  3. "NC Policy Watch: McCrory signs Senate Bill 4". pulse.ncpoliciywatch.org.
  4. Orth & Newby 2013, p. 131.
  5. Orth 2015, p. 1732.
  6. Orth & Newby 2013, p. 130.
  7. Orth & Newby 2013, p. 132.
  8. "About the Court of Appeals". North Carolina Judicial Branch. North Carolina Administrative Office of the Courts. Retrieved May 26, 2024.
  9. Orth & Newby 2013, pp. 131–132.
  10. Orth 2015, p. 1731.
  11. "7A Chapter II § 7A-5".
  12. "North Carolina Supreme Court Historical Society". NCSCHS.NET. Retrieved December 15, 2019., Older Link for N.C. Supreme Court Historical Society Archived 2016-07-27 at the Wayback Machine
Works cited

Works cited

External links