State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-180

Article 17.

Clerical Functions in the District Court.

§ 7A‑180.  Functions of clerk of superior courtin district court matters.

The clerk of superior court:

(1)        Has and exercises all of the judicial powers and duties inrespect of actions and proceedings pending from time to time in the districtcourt of his county which are now or hereafter conferred or imposed upon him bylaw in respect of actions and proceedings pending in the superior court of hiscounty;

(2)        Performs all of the clerical, administrative and fiscalfunctions required in the operation of the district court of his county in thesame manner as he is required to perform such functions in the operation of thesuperior court of his county;

(3)        Maintains, under the supervision of the AdministrativeOffice of the Courts, an office of uniform consolidated records of all judicialproceedings in the superior court division and the district court division ofthe General Court of Justice in his county. Those records shall include civilactions, 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 beas prescribed by the Administrative Officer of the Courts notwithstanding anycontrary statutory provision as to the title and form of the record or as amethod of indexing;

(4)        Has the power to accept written appearances, waivers oftrial or hearing and pleas of guilty or admissions of responsibility for thetypes of offenses specified in G.S. 7A‑273(2) in accordance with theschedules of offenses promulgated by the Conference of Chief District Judgespursuant to G.S. 7A‑148, and in such cases, to enter judgment and collectthe fine or penalty and costs;

(5)        Has the power to issue warrants of arrest valid throughoutthe State, and search warrants valid throughout the county of the issuingclerk;

(6)        Has the power to conduct an initial appearance in accordancewith Chapter 15A, Article 24, Initial Appearance, and to fix conditions ofrelease in accordance with Chapter 15A, Article 26, Bail;

(7)        Continues to exercise all powers, duties and authoritytheretofore vested in or imposed upon clerks of superior court by general law,with the exception of jurisdiction in juvenile matters; and

(8)        Has the power to accept written appearances, waivers oftrial and pleas of guilty to violations of G.S. 14‑107 when restitution,including service charges and processing fees allowed under G.S. 14‑107,is made, the amount of the check is two thousand dollars ($2,000) or less, andthe warrant does not charge a fourth or subsequent violation of this statute,and, in such cases, to enter such judgments as the chief district judge shalldirect and, forward the amounts collected as restitution to the appropriateprosecuting 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.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-180

Article 17.

Clerical Functions in the District Court.

§ 7A‑180.  Functions of clerk of superior courtin district court matters.

The clerk of superior court:

(1)        Has and exercises all of the judicial powers and duties inrespect of actions and proceedings pending from time to time in the districtcourt of his county which are now or hereafter conferred or imposed upon him bylaw in respect of actions and proceedings pending in the superior court of hiscounty;

(2)        Performs all of the clerical, administrative and fiscalfunctions required in the operation of the district court of his county in thesame manner as he is required to perform such functions in the operation of thesuperior court of his county;

(3)        Maintains, under the supervision of the AdministrativeOffice of the Courts, an office of uniform consolidated records of all judicialproceedings in the superior court division and the district court division ofthe General Court of Justice in his county. Those records shall include civilactions, 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 beas prescribed by the Administrative Officer of the Courts notwithstanding anycontrary statutory provision as to the title and form of the record or as amethod of indexing;

(4)        Has the power to accept written appearances, waivers oftrial or hearing and pleas of guilty or admissions of responsibility for thetypes of offenses specified in G.S. 7A‑273(2) in accordance with theschedules of offenses promulgated by the Conference of Chief District Judgespursuant to G.S. 7A‑148, and in such cases, to enter judgment and collectthe fine or penalty and costs;

(5)        Has the power to issue warrants of arrest valid throughoutthe State, and search warrants valid throughout the county of the issuingclerk;

(6)        Has the power to conduct an initial appearance in accordancewith Chapter 15A, Article 24, Initial Appearance, and to fix conditions ofrelease in accordance with Chapter 15A, Article 26, Bail;

(7)        Continues to exercise all powers, duties and authoritytheretofore vested in or imposed upon clerks of superior court by general law,with the exception of jurisdiction in juvenile matters; and

(8)        Has the power to accept written appearances, waivers oftrial and pleas of guilty to violations of G.S. 14‑107 when restitution,including service charges and processing fees allowed under G.S. 14‑107,is made, the amount of the check is two thousand dollars ($2,000) or less, andthe warrant does not charge a fourth or subsequent violation of this statute,and, in such cases, to enter such judgments as the chief district judge shalldirect and, forward the amounts collected as restitution to the appropriateprosecuting 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.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-180

Article 17.

Clerical Functions in the District Court.

§ 7A‑180.  Functions of clerk of superior courtin district court matters.

The clerk of superior court:

(1)        Has and exercises all of the judicial powers and duties inrespect of actions and proceedings pending from time to time in the districtcourt of his county which are now or hereafter conferred or imposed upon him bylaw in respect of actions and proceedings pending in the superior court of hiscounty;

(2)        Performs all of the clerical, administrative and fiscalfunctions required in the operation of the district court of his county in thesame manner as he is required to perform such functions in the operation of thesuperior court of his county;

(3)        Maintains, under the supervision of the AdministrativeOffice of the Courts, an office of uniform consolidated records of all judicialproceedings in the superior court division and the district court division ofthe General Court of Justice in his county. Those records shall include civilactions, 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 beas prescribed by the Administrative Officer of the Courts notwithstanding anycontrary statutory provision as to the title and form of the record or as amethod of indexing;

(4)        Has the power to accept written appearances, waivers oftrial or hearing and pleas of guilty or admissions of responsibility for thetypes of offenses specified in G.S. 7A‑273(2) in accordance with theschedules of offenses promulgated by the Conference of Chief District Judgespursuant to G.S. 7A‑148, and in such cases, to enter judgment and collectthe fine or penalty and costs;

(5)        Has the power to issue warrants of arrest valid throughoutthe State, and search warrants valid throughout the county of the issuingclerk;

(6)        Has the power to conduct an initial appearance in accordancewith Chapter 15A, Article 24, Initial Appearance, and to fix conditions ofrelease in accordance with Chapter 15A, Article 26, Bail;

(7)        Continues to exercise all powers, duties and authoritytheretofore vested in or imposed upon clerks of superior court by general law,with the exception of jurisdiction in juvenile matters; and

(8)        Has the power to accept written appearances, waivers oftrial and pleas of guilty to violations of G.S. 14‑107 when restitution,including service charges and processing fees allowed under G.S. 14‑107,is made, the amount of the check is two thousand dollars ($2,000) or less, andthe warrant does not charge a fourth or subsequent violation of this statute,and, in such cases, to enter such judgments as the chief district judge shalldirect and, forward the amounts collected as restitution to the appropriateprosecuting 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.)