(see http://www.nccourts.org/ for more details about the North Carolina District Court System)
The State of North Carolina has two trial court divisions: Superior and District Courts. The District Court is divided into 42 district court districts. The Fifth Judicial District includes New Hanover and Pender Counties. The District Court hears the following matters: civil, criminal, family and juvenile and includes magistrate and specialty courts.
CRIMINAL
The criminal jurisdiction of the District Court Division includes preliminary “probable cause” hearings in felony cases, and virtually all misdemeanor and infraction cases. The District Court also has jurisdiction to accept guilty pleas in certain felony cases. Trials in criminal and infraction cases are by District Court Judges only; no trial by jury is available for such cases. Appeals are to the Superior Court for trial de novo before a jury.
CIVIL
The District Courts have concurrent jurisdiction with the Superior Courts in general civil cases. However, the District Court is the “proper” division for general civil cases where the amount in controversy is $10,000 or less. Civil cases in District Court may be tried before a jury; appeals are to the Court of Appeals
All civil cases involving claims for money damages of $15,000 or less are subject to court-ordered arbitration before an arbitrator certified by the Administrative Office of the Courts. Certain property disputes, family law matters, estates, special proceedings, and class actions are excluded from court-ordered arbitration. Either party may appeal the arbitrator’s award for hearing before a judge or jury.
FAMILY COURT (The Fifth Judicial District is a Family Court Jurisdiction)
Any issue relating to a family is assigned to Family Court in the thirteen judicial districts of North Carolina which have these special courts. This includes all juvenile delinquency charges; neglect and abuse charges; termination of parental rights and adoptions; domestic violence; child custody and visitation rights; divorce and related financial issues like child support, alimony, or equitable distribution of property; involuntary commitments and guardianships.
Special family court judges hear all cases involving adoptions; domestic violence; child custody and visitation rights; divorce and related financial issues like child support, alimony, or equitable distribution of property; and involuntary commitments. All Family Court judges and staff initially receive specialized training in a variety of court, child, and family issues. These extensive training sessions include case management, child development and family dynamics, domestic violence, and community collaboration. Family Court is a very effective way of resolving family disputes of all kinds using intensive case management and a “one judge/one family” system of case assignment. In most cases, custody issues are required to be mediated before trial. All financial issues of divorcing couples are mandated to be mediated by a mediator certified by the NC Dispute Resolution Commission Court, or party-selected mediator. If the case is not resolved at mediation it will be heard by a District Court judge assigned to Family Court.
JUVENILE
The court’s jurisdiction also extends to all juvenile proceedings and mental health hospital commitments. Juvenile proceedings concern children who are delinquent, undisciplined, abused, neglected, or dependent. These proceedings are initiated by petition, and the hearing conducted by the judge may be less formal than in adult cases. Juveniles alleged to be delinquent are entitled to have the court appoint counsel for them.
SPECIALTY COURTS
New Hanover County has a Drug Treatment Court and may soon begin a Family Drug Treatment Court. These courts are a part of the national discussion and innovation of therapeutic or problem-solving courts. The North Carolina Drug Treatment Courts (DTC) were established by statute in 1995 with the goal of enhancing and monitoring the delivery of treatment services to chemically dependent adult offenders while holding the participants rigorously accountable for complying with their court-ordered treatment plans. The overall goal of the DTC is to significantly break the cycle of addiction that gives rise to repeated law-breaking episodes. By enhancing the likelihood that the drug-driven offender will remain drug and crime free and socially responsible, the DTC seeks to reduce justice system, health system, and other societal costs associated with continuing drug use and criminal involvement.
Family Drug Treatment Courts (FDTC) are a response to the need for greater accountability of parents of abused and/or neglected children and the treatment and justice systems intended to serve them. The program is available to parents who have lost custody of their children or who are in danger of losing custody because of abuse and/or neglect. Parents must be determined to be addicted or have a high likelihood of addiction to drugs and/or alcohol and they must agree to enter the program. FDTC participants are also assessed for domestic violence, trauma and other mental health concerns and are referred to treatment. Family Drug Courts follow the same principles as other “problem solving” courts and participants are provided a court-based case manager who ensures the parents receive treatment and other needed services. Participants must submit to frequent and random urinalysis and/or Breathalyzer to determine whether they are becoming and remaining free of drugs and alcohol. They must attend and participate in treatment and are required to complete other educational programs and obtain or maintain employment as prescribed by the court and the Department of Social Services (DSS). FDTC participants are generally required to attend court every two weeks and receive incentives to maintain their recovery and progress in treatment or sanctions to get them back on track. Although the FDTC cannot promise successful parents that their children will be returned to them, a parent who is successful in the FDTC is much more likely to be determined by DSS and the Juvenile Court to be fit to have his/her child(ren) returned. Parents who do not comply with the requirements of the FDTC are sanctioned by the court and may be ordered to serve jail time.
