Under current law, the Governor may appoint a replacement whenever a judicial or district attorney position becomes open, which occurs from time to time due to resignation, mandatory retirement, or
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Legislation
More Jurisdictional Changes: Could Juvenile Cases Be Next?
Last week, we wrote about a bill that was introduced in the legislature that would shrink the Court of Appeals to 12 judges while tweaking the jurisdiction of the Supreme…
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Bill Would Shrink Court of Appeals, Expand Supreme Court’s Jurisdiction
A bill introduced today would shrink the number of Court of Appeals judges from 15 to 12. If enacted, the bill would have the next three retirements or other vacancies…
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Court of Appeals Issues Opinions With Dissents; Procedure For Further Review Unclear
With the enactment of Senate Bill 4 last week, the Court of Appeals now has the statutory authority to hear and rehear cases en banc. Right on schedule, the…
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Bill Would Give Court of Appeals En Banc Jurisdiction and Make Appellate Races Partisan Again; Eliminate Direct Appeal To Supreme Court From Orders Declaring Law Facially Invalid
A couple of years ago, the North Carolina Supreme Court found itself with a heftier docket, thanks to new laws like the Business Court Modernization Act that sent certain appeals…
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Not So Fast: Supreme Court of North Carolina Reinstates Board of Education Appeal
A few months ago, Carrie blogged about the dismissal of the State’s appeal by the Court of Appeals in North Carolina State Board of Education v. State of North Carolina …
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Have the Floodgates Opened for Family Law Appeals?
In 2013, a new statute took effect allowing for immediate appeal from certain interlocutory orders entered in family law cases. N.C. Gen. Stat. § 50-19.1. In that context, it…
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General Assembly Amends Section 7A-27 To (Mostly) Fix The Jurisdictional Problems Created By The Business Court Modernization Act
On September 15 of this year, we blogged about how the Business Court Modernization Act’s amendment to N.C. Gen. Stat. § 7A-27 appeared to create concurrent jurisdiction in the Supreme…
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A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.
Over the past few months, we have shared several potential problems created by the Business Court Modernization Act. Nonetheless, we held a few potential traps close to our vest because,…
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Eleventh-Hour Bill Could Add Partisan Labels on Ballots for Candidates for Court of Appeals
Way back in January, a bill was introduced that would have “restore[d] partisan statewide judicial elections.” That is, the bill would have required Court of Appeals and Supreme Court…
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