The Basics
Every state has its own court system, with different layers and types of courts depending on the legal situation. There are statewide courts, including state level Supreme Courts and Courts of Appeals, but the vast majority of cases are handled by the local courts in your community: everything from criminal trials, to civil issues like landlord-tenant disputes and small claims, to cases requiring special circumstances, like family court issues.
Every court needs a judge, and in the vast majority of states judges are elected by the communities they work in. As a voter, it can be hard to find out exactly what these judges do, especially if your state’s court system is complicated. Judges are also bound by special ethics rules. Judges are supposed to make their rulings based only on the facts and the law, not their personal opinions or ideological beliefs. To abide by those rules, when candidates run for a position as a judge, they don’t talk about how they would decide on specific cases, and they don’t have a ‘platform’ of things they want to do if elected, like a lot of other candidates who run for office. But they are allowed to talk about their personal values, their approach to various legal issues and the law generally, and their opinions on past cases.
What does a trial judge do?
- Judges are like a referee during trials and everything leading up to them: they’re responsible for making sure everyone involved is following legal rules, ensuring constitutional rights are upheld, deciding what evidence can be considered, and more
- When a trial has a jury, judges make sure that juries know everything they need to know in order to reach their verdict
- If a trial has no jury, the judge themselves makes the ruling, giving them significant power over individual cases
- In many criminal trials, the judge will decide the sentence if the defendant is convicted, deciding whether and how long the defendant will be incarcerated, whether they owe any fines or restitution, and any other requirements of the sentence
*Many crimes come with sentencing guidelines or requirements that are set by state law, so the amount of discretion a judge has on sentencing can vary a lot.
North Carolina’s judicial elections
- All local judges in North Carolina run in partisan elections, meaning they run as representatives of their political parties (or candidates can run as independents instead). When a judge’s term is up, they need to run for reelection.
- Mandatory retirement age: everyone who runs for a judgeship must be under the age of 72, and a sitting judge must retire at the end of the calendar year in which they turn 72, even if their term isn’t over yet.
- If there’s a vacancy: the governor appoints a replacement. That replacement serves until the end of the term or until the next general election, whichever comes first.
- Retired judges can serve as emergency judges. Emergency judges don’t serve full-time – they can be called in to meet unexpected needs, such as a last-minute vacancy, an especially busy period in a court with fewer resources, or as a substitute when the usual judge has a conflict of interest and needs to step away from a case.
How can I make my voice heard?
Democracy works when you do! Learn how to advocate for what you believe in, no matter the office or government agency, with our handy Genius Guides to advocacy.
Sources: the American Bar Association; the North Carolina Judicial Branch; North Carolina General Statutes, Chapter 7A
What have local judges done in North Carolina?
Local judges oversee and rule on all kinds of cases in your community, shaping the legal system and influencing important policy issues like housing, criminal justice, and more. Here are just a few that have made a big impact:
- Judge Ty Hands
District Court
Established virtual court procedures during the COVID-19 shutdown in 2020, allowing domestic violence, criminal, and civil cases to move forward despite the closure of court buildings - Judge Phyllis Gorham
Superior Court
Participated in a task force on the impact of Adverse Childhood Experiences and childhood trauma, and how the court system can respond - Judge Frank Wood Jr.
District Court
Operates a Veterans Treatment Court in partnership with District Attorneys, local nonprofits, and federal and state agencies to address the unique needs of veterans in the criminal justice system; now ten years old, it was founded as North Carolina’s first specialized court focused on veterans
Case Study: a challenge to the governor's appointment powersLink
In 2024, the eyes of the national media were focused on the presidential election, but there were also thousands of state and local elections across the country. In North Carolina, the results of those elections touched off a power struggle between the governor’s office and the state legislature, which is still being waged as of 2026. Before the 2024 elections, the North Carolina legislature was dominated by the Republican party, which held a veto-proof majority – this meant Republicans were easily able to pass laws that the Democratic governor was opposed to. With these elections, two important things happened: first, another Democratic governor was elected; and second, the Republican party lost its veto-proof majority. They still had a majority, but it would be much harder to override the governor’s vetoes once the new legislature was inaugurated.
The legislature responded aggressively, which kicked off a legal battle. During what’s called the lame-duck session – that’s the period of time between Election Day and Inauguration Day, when the newly-elected officials formally take power – the legislature took advantage of their veto-proof majority one last time and passed a package of bills that would significantly restrict the incoming Democratic governor’s ability to appoint people in various parts of the executive branch. (See our governor explainer for more details on a governor’s appointment powers.) The most controversial of these bills was SB 382, because it involved the courts. In North Carolina, if there is a vacancy on the state Supreme Court or Court of Appeals, the governor has the power to appoint a replacement judge until a new election can be held to fill the seat. SB 382 requires the governor to choose that replacement from a list of candidates chosen by the same political party the previous judge was a member of. At the time this bill was passed, both these statewide courts had (and still have, as of 2026) Republican majorities.
The new governor’s office filed several lawsuits trying to stop these bills from going into effect, arguing they interfered with his ability to run the executive branch and the state Constitution didn’t allow the legislature to place limits on appointment powers. He also argued the law violated the separation of powers between the executive and legislative branches of state government. This is how the Superior Court got involved – when state laws or the state constitution are involved, those cases usually begin in Superior Court. A panel of three judges heard the case (coincidentally, the panel was made up of one Democrat, one Republican, and one Independent), and on the question of appointing judges, they agreed with the governor’s challenge, concluding that the limitations were a violation of North Carolina’s constitution and striking them down. North Carolina has a long history of what legal experts call “lame-duck power grabs” involving both political parties, but the current conflict is considered the most significant attempt in the state’s modern history. Judges have a lot of power in these types of cases, and because of the high political stakes, they may be perceived as picking winners and losers. As with every case, a judge’s most important job is to put the law above everything else – including (and especially) when partisan power is involved.
Update: in early 2026, the North Carolina Court of Appeals overturned the Superior Court’s decision on this issue and allowed SB 382 to go into effect. The decision may still be appealed to the state Supreme Court.
Sources: NC News Online, 2025 and 2026; University of Wisconsin Law School’s State Democracy Research Initiative
How do local courts work in North Carolina?
Scroll down and click on each type of local judge to learn about term limits, qualifications, and what kinds of cases these judges oversee. (If you’re looking for info on North Carolina’s statewide courts, read more about the state Supreme Court here and the state Court of Appeals here.)
District Court JudgeLink
Term limits: none (retirement age applies); terms are four years
Eligibility: to run for any office in North Carolina, you must be at least 21 years old and eligible to vote in the state; all judges must also be attorneys who are licensed to practice law in North Carolina
The state is divided into 43 District Court districts. Some contain just one county and others contain several – find yours here. The exact number of judges elected in each district depends on how busy the courts are. Every district has a chief judge who manages the administrative side of the court. District courts are the first stop for many legal issues, so these judges hear many different types of cases and have a range of responsibilities:
- Family court cases
Including divorce, custody, and child support - Smaller civil cases
Where the monetary value at stake is less than $25,000 - Misdemeanor criminal cases
- Infractions
These are minor, non-criminal violations that aren’t punishable with jail time, such as traffic violations - Juvenile cases
District court judges hear juvenile cases involving delinquency issues, abuse, neglect, and dependency, and other cases involving minors - Supervising magistrates
Some court actions are conducted by magistrates, which are appointed judicial officers (not judges), and judges supervise these officers. Magistrates handle small claims (less than $10,000), evictions, and personal property suits, and can also issue warrants, set bail, and supervise some pre-trial hearings for criminal cases.
Sources: the North Carolina Judicial Branch on court officials and the District Court; the North Carolina Constitution, Article IV and Article VI; North Carolina General Statutes, Chapter 7A
Superior Court JudgeLink
Term limits: none (retirement age applies); terms are eight years
Eligibility: to run for any office in North Carolina, you must be at least 21 years old and eligible to vote in the state; all judges must also be attorneys who are licensed to practice law in North Carolina
The state is divided into five Superior Court divisions (each division contains several of the smaller District Court districts): find yours here. The exact number of judges elected in each division depends on how busy the courts are. Superior court judges rotate between various districts in their division – the state constitution requires this to prevent corruption and conflicts of interest. Superior courts hear several types of cases:
- Bigger civil cases
Where the monetary value at stake is more than $25,000 - All felony criminal cases
Superior courts are the original trial courts for felonies - Misdemeanor and infraction criminal appeals
District courts hear these cases first, and appeals go to the superior court - Some business cases
The Business Court is a special division of the superior court that hears especially complex corporate and commercial law issues. Superior court judges are sometimes assigned to hear these cases - Cases where there’s a question about a North Carolina state law or the state constitution
Sources: the North Carolina Judicial Branch on court officials and the Superior Court; the North Carolina Constitution, Article IV and Article VI; North Carolina General Statutes, Chapter 7A