North Carolina
North Carolina’s highest court is the Supreme Court of North Carolina. The court has six associate justices and one chief justice. The chief justice is chosen through election. (Source: North Carolina Constitution)
Judicial Selection
Justices on the Supreme Court of North Carolina are selected through a partisan election, where multiple candidates may vie for the seat. The elected justice serves an eight-year term. Justices may seek additional terms through partisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The appointed justice holds office until North Carolina’s next general election more than 60 days after the vacancy occurred. The elected justice serves the remainder of the unexpired term. There are no term limits. The mandatory retirement age is 72.
State Constitution
North Carolina has had three state constitutions adopted between 1776 and 1970. As of January 1, 2024, it had 41 amendments. (Source: John Dinan, 2024)
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Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
State Justices Continue to Challenge Originalism
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Extreme Heat Exacerbates Dire Prison Conditions, With Few Paths to Relief
People behind bars are particularly vulnerable to harm during heat waves and climate-related disasters. Advocates should consider state constitutional solutions.