7A-100. Election; term of office; oath; vacancy; office and office hours; appointment of acting clerk. (a) A clerk of the superior court for each county shall be elected by the qualified voters thereof, to hold office for a term of four years, in the manner prescribed by Chapter 163 of the General Statutes. The clerk, […]
7A-101. (Effective until July 1, 2022) Compensation. (a) The clerk of superior court is a full-time employee of the State and shall receive an annual salary, payable in equal monthly installments, based on the number of State-funded assistant and deputy clerks of court as determined by the Administrative Office of Court’s workload formula, according to […]
7A-102. (Effective until July 1, 2022) Assistant and deputy clerks; appointment; number; salaries; duties. (a) The numbers and salaries of assistant clerks, deputy clerks, and other employees in the office of each clerk of superior court shall be determined by the Administrative Officer of the Courts after consultation with the clerk concerned. However, no office […]
7A-102.1. Transfer of sick leave earned as county or municipal employees by certain employees in offices of clerks of superior court. (a) All assistant clerks, deputy clerks and other employees of the clerks of the superior court of this State, secretaries to superior court judges and district attorneys, and court reporters of the superior courts, […]
7A-103. Authority of clerk of superior court. The clerk of superior court is authorized to: (1) Issue subpoenas to compel the attendance of any witness residing or being in the State, or to compel the production of any document or paper, material to any inquiry in his court. (2) Administer oaths, and to take acknowledgment […]
7A-104. Disqualification; waiver; removal; when judge acts. (a) The clerk shall not exercise any judicial powers in relation to any estate, proceeding, or civil action: (1) If he has, or claims to have, an interest by distribution, by will, or as creditor or otherwise; (2) If he is so related to any person having or […]
7A-105. Suspension, removal, and reinstatement of clerk. A clerk of superior court may be suspended or removed from office for willful misconduct or mental or physical incapacity, and reinstated, under the same procedures as are applicable to a superior court district attorney, except that the procedure shall be initiated by the filing of a sworn […]
7A-106. Custody of records and property of office. (a) It is the duty of the clerk of superior court, upon going out of office for any reason, to deliver to his successor, or such person as the senior regular resident superior court judge may designate, all records, books, papers, moneys, and property belonging to his […]
7A-107. Bonds of clerks, assistant and deputy clerks, and employees of office. The Administrative Officer of the Courts shall require, or purchase, in such amounts as he deems proper, individual or blanket bonds for any and all clerks of superior court, assistant clerks, deputy clerks, and other persons employed in the offices of the various […]
7A-108. Accounting for fees and other receipts; audit. The Administrative Office of the Courts shall establish procedures for the receipt, deposit, protection, investment, and disbursement of all funds coming into the hands of the clerk of superior court. The fees to be remitted to counties and municipalities shall be paid to them monthly by the […]
7A-109. Record-keeping procedures. (a) Each clerk shall maintain such records, files, dockets and indexes as are prescribed by rules of the Director of the Administrative Office of the Courts. Except as prohibited by law, these records shall be open to the inspection of the public during regular office hours, and shall include civil actions, special […]
7A-109.1. List of prisoners furnished to judges. (a) The clerk of superior court must furnish to each judge presiding over a criminal court a report listing the name, reason for confinement, period of confinement, and, when appropriate, charge or charges, amount of bail and conditions of release, and next scheduled court appearance of each person […]
7A-109.2. (Contingent expiration date – see notes) Records of dispositions in criminal cases. Each clerk of superior court shall ensure that all records of dispositions in criminal cases, including those records filed electronically, contain all the essential information about the case, including the identity of the presiding judge and the attorneys representing the State and […]
7A-109.3. (Effective until January 1, 2023) Delivery of commitment order. (a) Whenever the district court sentences a person to imprisonment and commitment to the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety pursuant to G.S. 15A-1352, the clerk of superior court shall furnish the sheriff with the […]
7A-109.4. Records of offenses involving impaired driving. The clerk of superior court shall maintain all records relating to an offense involving impaired driving as defined in G.S. 20-4.01(24a) for a minimum of 10 years from the date of conviction. Prior to destroying the record, the clerk shall record the name of the defendant, the judge, […]
7A-111. Receipt and disbursement of insurance and other moneys for minors and incapacitated adults. (a) When a minor under 18 years of age is named beneficiary in a policy or policies of insurance, and the insured dies prior to the majority of such minor, and the proceeds of each individual policy do not exceed fifty […]
7A-112. Investment of funds in clerk’s hands. (a) The clerk of the superior court may in his or her discretion invest moneys secured by virtue or color of the clerk’s office or as receiver in any of the following securities: (1) Obligations of the United States or obligations fully guaranteed both as to principal and […]
7A-112.1. Deposit of money held by clerks. The clerk of superior court shall deposit any funds that he receives by virtue of his office, except funds invested pursuant to G.S. 7A-112, in an interest-bearing checking account or accounts in a bank, savings and loan, or trust company licensed to do business in North Carolina, at […]
7A-113. Bookkeeping and accounting systems equipment. Notwithstanding the provisions of G.S. 147-64.6(10), proposed changes in the kinds of bookkeeping and accounting systems equipment employed by the clerk of superior court shall be subject to review and approval by the Office of State Budget and Management. The Administrative Officer of the Courts shall, prior to implementing […]
7A-114. Where practical, provision of secure area for domestic violence victims waiting for hearing. Where practical, upon request of a domestic violence victim, the clerk of Superior Court of any county shall coordinate with the county Sheriff to make available to the victim a secure area, segregated from the general population of the courtroom, to […]
