North Carolina General Statutes 7A-180. Functions of clerk of superior court in district court matters
The clerk of superior court:
(1) Has and exercises all of the judicial powers and duties in respect of actions and proceedings pending from time to time in the district court of the clerk’s county which are now or hereafter conferred or imposed upon the clerk by law in respect of actions and proceedings pending in the superior court of the clerk’s county.
Terms Used In North Carolina General Statutes 7A-180
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Performs all of the clerical, administrative and fiscal functions required in the operation of the district court of the clerk’s county in the same manner as the clerk is required to perform functions in the operation of the superior court of the clerk’s county.
(3) Maintains, under the supervision of the Administrative Office of the Courts, an office of uniform consolidated records of all judicial proceedings in the superior court division and the district court division of the General Court of Justice in the clerk’s county. Those records shall include civil actions, special proceedings, estates, criminal actions, juvenile actions, minutes of the court and all other records required by law to be maintained. The form and procedure for filing, docketing, indexing, and recording shall be as prescribed by the Administrative Officer of the Courts notwithstanding any contrary statutory provision as to the title and form of the record or as a method of indexing.
(4) Has the power to accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility for the types of offenses specified in N.C. Gen. Stat. § 7A-273(2) and N.C. Gen. Stat. § 7A-273(2a) in accordance with the schedules of offenses promulgated by the Conference of Chief District Judges pursuant to N.C. Gen. Stat. § 7A-148, and in those cases, to enter judgment and collect the fine or penalty and costs.
(5) Has the power to issue warrants of arrest valid throughout the State, and search warrants valid throughout the county of the issuing clerk.
(6) Has the power to conduct an initial appearance in accordance with Chapter 15A, Article 24, Initial Appearance, and to fix conditions of release in accordance with Chapter 15A, Article 26, Bail.
(7) Continues to exercise all powers, duties and authority vested in or imposed upon clerks of superior court by general law, with the exception of jurisdiction in juvenile matters.
(8) Has the power to accept written appearances, waivers of trial and pleas of guilty to violations of N.C. Gen. Stat. § 14-107 when restitution, including service charges and processing fees allowed under N.C. Gen. Stat. § 14-107, is made, the amount of the check is two thousand dollars ($2,000) or less, and the warrant does not charge a fourth or subsequent violation of this statute, and, in those cases, to enter judgments as the chief district judge shall direct and, forward the amounts collected as restitution to the appropriate prosecuting witnesses and to collect the costs.
(9) Repealed by Session Laws 1991 (Reg. Sess., 1992), c. 900, s. 118(c). (1965, c. 310, s. 1; 1967, c. 691, s. 16; 1969, c. 1190, s. 14; 1973, c. 503, ss. 3, 4; c. 1286, s. 6; 1975, c. 166, s. 23; c. 626, s. 2; 1981, c. 142; 1983, c. 586, s. 4; 1985, c. 425, s. 3; c. 764, s. 10; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987, c. 355, s. 3; 1989 (Reg. Sess., 1990), c. 1041, s. 2; 1991, c. 520, s. 1; 1991 (Reg. Sess., 1992), c. 900, s. 118(c); 1993, c. 374, s. 3; 2021-47, s. 7(b).)