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)
Filters
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
How Elections Are Certified in Battleground States
State laws require officials to certify results, and safeguards are in place should someone fail to fulfill that obligation.
How Years of Legislative Maneuvering Shaped this Year’s Judicial Elections
The outcomes in races in Ohio and North Carolina will be determined in part by legislatures that altered election rules to benefit their allies.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
The U.S. Supreme Court's Declining State Case Docket
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.