THE HISTORY OF NORTH CAROLINA COURTS The purpose of this outline is to provide sufficient factual material to allow judges, lawyers, and court personnel to effectively address civic, social and school groups, and organizations on the history of our courts and the reasons behind the design, creation, and purpose of our District Court on its 50th Anniversary. PART ONE — How Our Courts Came to Be: The Theory, Formation and Evolution of The Rule of Law and North Carolina’s Unified Courts OVERVIEW Prior to the late 1700s, the legal system in the American colonies consisted of a handful of local, part-time courts Join in our formed under the blessing and design of the British Crown. There were no courts of final appeal on our continent. All final dispositions upon appeal rested across the Atlantic statewide Ocean in the British Isles. A number of attempts to unify the colonial judicial system and create a court of final appeal were thwarted by Crown and Parliament. celebration In the early 1720s to 1730s, many colonies passed Judiciary Acts establishing Supreme Courts (Circuit Courts) and Courts of Common Pleas. Later, State Constitutions allowed for of regular sessions and special topic courts like Orphan’s Courts. Early “progressive trends” established judicial districts in the 1770s – 1780s, eradicated separate courts of law and equity in the mid to late 1800s and movements toward the creation of North a system of unified State Courts in the 1950s – 1960s. INTRODUCTION Carolina We have cause to celebrate several milestones in the formation of North Carolina’s Unified Courts. The 50th anniversary of our current configuration of State Court is upon Courts us. Our District Courts and Magistrates officially began their work December, 1966. Our Court of Appeals will complete its 50th year of serving our citizens in 2017. The State’s Supreme Court will mark 200 years of decision-making in 2019. There is much to celebrate, much to share, and much work yet to be done. OUR HISTORY The first courts in North Carolina followed the Concession of 1665. King Charles II of Great Britain gave the lands of the Learn more at Carolinas to eight noblemen in 1663. They were: Edward Hyde, Earl of Clarendon, John Berkeley, Bacon Celebrate.NCcourts.org Berkeley of Stratton, William Craven, Earl of Craven, Sir George Carteret1, Sir William Berkeley, Sir John Colleton, Anthony Cooper, Earl of Shaftesbury These noblemen were authorized to create Provincial Courts. All appeals, however, were to be heard by the courts in England until after the Revolutionary War. z 1680: the Governor of Albermarle established a z Justices of the Peace received their appointment from general court in North Carolina. the Governor (rather than the English government) upon recommendation of the Legislature. North z As towns and cities developed in the early 1700s, Carolina’s Constitution of 1776 created a “Supreme they were empowered by the General Assembly Court” (really Superior Court Circuit Judges) who held to pass ordinances for better government not office for an unlimited term if they possessed “good inconsistent with the laws of our state. When rural- behavior.” minded justices of the peace failed to energetically meet the expectations of the city dwellers, the door z November 26, 1787: Bayard v. Singleton is decided in was opened for the establishment of mayors’ courts. Superior Court. The lawsuit involved Elizabeth Cornell The Bell Commission noted 154 mayors’ courts in Bayard suing to reclaim lands of her father, Samuel operation in North Carolina in the late 1950’s. Cornell, which had been confiscated at the end of the American Revolution (due to his loyalty to the British z 1712: North Carolina had its own Provincial Governor. Crown) pursuant to the Confiscation Act of 1785. The case, decided in Craven County held the courts could z 1729: The province of Carolina was divided into not enforce a law that violated the North Carolina the colonies of North and South Carolina. The Constitution — setting precedent for the exercise of descendants of seven of the eight Lords Proprietors judicial review of legislative action. This decision came decided to sell their shares of the Carolinas back to 16 years before the landmark United States Supreme the Crown. Only the heirs of George Carteret kept Court decision in Marbury v. Madison which solidified their interests. the exercise of judicial review in America pursuant to Article 3 of the Constitution, defining the boundary of z North Carolina was one of the original 13 colonies to be established by England in North America. separation of powers in our government. z 1790: North Carolina ceded a portion of its western z 1775 – 1783: The 13 American Colonies reject British authority, fight, and win their independence in lands to Articles of Confederation government. In the Revolutionary War. Some estimate nearly 1784, we had voted to give these lands (29 million 100,000 Americans who remained loyal to the King acres) to Congress to lessen the debt of Congress exiled / fled to Canada, Florida, or England. after the Revolutionary War. Settlers in this area learned of this intent. 1784 – 1790 saw this area of z April 12, 1776: The North Carolina Provincial Congress northeast Tennessee governed simultaneously by issued the Halifax Resolves, empowering delegates North Carolina and settlers who organized a “new to vote for independence. It was the first official act state” named Franklin — in honor of Benjamin in the American Colonies empowering delegate to Franklin. vote for independence from Great Britain. July 1776 z marked the Continental Congress’ Declaration of 1799: The Supreme / Superior Court Judges were Independence. North Carolina declared statehood required to meet twice a year in Raleigh to resolve and became part of the “United States of America” conflicting rulings and issue written opinions at November 21, 1789 (12th state to ratify the United the “Court of Conference”. In 1805, the “Court of States Constitution). Conference” became the North Carolina Supreme Court. Jurisdiction to hear appeals came in 1810. z An American form of government emerged. Three By 1818, the legislature formalized trial and appeal co-equal branches of government (Executive, responsibilities by providing jurisdiction to the Legislative, and Judicial) sharing governance under Supreme Court for primarily appeals and leaving the watchful eyes of the citizens. By design, a series the Superior Circuit Courts for trials and matters of of checks and balances exist among these three original jurisdiction. Our Superior Court Judges could branches to assure peaceful progress, prosperity, and not take the same route twice in a row through 1856 freedoms within an ever-changing nation and world. as they were required to travel a different “circuit”, by law. z 1777: Six judicial districts (with two more added in 1782 and 1787) were created November 15, 1777 — z North Carolina’s first Chief Justice was John L. Taylor. with court held twice a year in Wilmington, New Born in England, he attended William and Mary Bern, Edenton, Hillsboro, Halifax, and Salisbury. Three College and located to Fayetteville. He was admitted Superior Court Judges were appointed: Samuel Ashe to the Bar in 1788 at the age of 19. He became a of New Hanover County, Samuel Spencer of Anson judge of the Superior Courts in 1798. In 1811, he was County, and James Iredell of Chowan County. One appointed by vote of the North Carolina Superior of the earliest written opinions on appeal (described Court Judges as their “Chief Justice.” He formally below) in North Carolina found that our State assumed that title upon the Supreme Court’s Courts had the authority to declare legislative acts formation in 1818. The legislature appointed Taylor, unconstitutional — preceding the landmark United Leonard Henderson, and John Hall as justices. The States Supreme Court case of Marbury v. Madison by three were allowed to select their “Chief”. The Court some 15 years! first met January 1, 1819. z 1818: North Carolina Supreme Court established by z The juvenile court was established by our our Legislature. General Assembly in 1919. It possessed the current philosophies of design for delinquent and z New Constitutional provisions in 1868 established a abuse / neglect / dependency cases. Summons’s, number of sweeping changes. It abolished colonial informal proceedings, detention rooms, distinctions between courts of law and equity, moved adjudications and training school / boarding the judicial selection process from appointments to home / foster care placements replaced warrants, elections, and set term limits at eight years. In “The arraignment / indictment/formal trial, jails, sentences History of Superior Court Judges in North Carolina,” and prisons. All appeals went to Superior Court. When the Honorable E. Lynn Johnson, citing other sources, the Bell Commission began its work, there were 106 noted: juvenile and domestic relations courts existing in North Carolina — 92 county juvenile courts, two joint z “In 1818, the legislature … created a Supreme Court, city-county juvenile courts, six city juvenile courts, consisting of three Judges. The creation of this new three county domestic relations courts, and three appellate court did not go without criticism including city-county domestic relations courts. These courts objections to the extravagant salaries of $2,500 per varied in selecting judges — some judges selected year, life-tenure appointments, long journeys that by the city’s governing body, others by county lawyers had to undertake from the western counties, government, some joint city and county government, and Superior Court Judges who resented being most by appointment by the Clerk of Superior Court. reversed on appeal.” Some domestic courts had a solicitor, others did not. As well, reporting techniques and the use of z The 1890s ushered in the age of administrative agencies. Administrative Courts were called upon to probation personnel varied.