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Internship Opportunity Judicial Interns (26th Judicial District of North Carolina)

The Trial Court Administrator’s Office for the 26th Judicial District of North Carolina is seeking law students to serve as judicial interns for the judiciary in Mecklenburg County. This position is unpaid. All unpaid individuals who volunteer their time are considered interns. Interns who are not receiving payment from an outside party in relation to their voluntary service are considered employees of the Court.

About Our Judiciary

Superior Court Judges are attorneys who are elected for each district in non-partisan elections for eight-year terms. Regular superior court judges must reside in the district in which they are elected but rotate from one district to another within their division.
The Chief Justice of the Supreme court of North Carolina designates one of the judges as the Senior Resident Superior Court Judge, who is responsible for court operations within the district, including carrying out various administrative duties and appointing magistrates and some other court officials.
The North Carolina Constitution requires superior court judges to rotate between districts, or “ride circuit.” Each superior court judge holds court for at least six months in a superior court district. The rotation method was developed to avoid favoritism that might result from always having the same judges hold court where they live, where they might be personally familiar with and interested in the cases brought before the court.
The Superior Court is the proper division for the trial of civil actions in which the amount in controversy exceeds $25,000. It is also the proper division, without regard to the amount in controversy, for certain special proceedings, condemnation actions and proceedings, corporate receiverships, review of decisions of administrative agencies, and where the principal relief sought is injunctive or declaratory to establish the validity of a statute, ordinance or regulation, or enforcement or declaration of any claim of constitutional right. In addition, the Superior Court Division, through the clerk of superior court, has exclusive jurisdiction for probate of wills and for administration of decedent’s estates.
As to criminal jurisdiction, the Superior Court has original jurisdiction in all felony cases and in some misdemeanor cases. Most misdemeanors are tried first in the District Court, from which a conviction may be appealed to the Superior Court for trial de novo by a jury. Both criminal and civil cases in superior court are tried before a twelve-person jury.
District Court Judges are attorneys elected for each district in non-partisan elections for four years and must reside in the district in which they are elected. The Chief Justice of the Supreme court of North Carolina designates one of the judges as Chief District Court Judge, and this judge has administrative duties, including assigned the judges to sessions of court.
The jurisdiction of the District Court is extensive and may be divided into four categories: criminal, civil, juvenile, and magisterial.
The criminal jurisdiction of the District Court Division includes preliminary probable cause hearings in felony cases, and virtually all misdemeanor and infraction cases. Trials in criminal and infraction cases are by district court judges; no trial by jury is available for such cases. Appeals are to the superior court for trial de novo before a jury.
In addition, the district courts share concurrent jurisdiction with the superior courts in general civil cases. However, the District Court is the proper jurisdiction for general civil cases where the amount in controversy is $10,000 or less. The civil district court also handles matters dealing with domestic issues such as custody, child support, equitable distribution and divorce actions. 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, non-binding arbitration. Certain property disputes, family law matters, estates, special proceedings, and class actions are excluded from court ordered arbitration. If a case is not resolved at arbitration, it may be appealed and heard before a judge or jury.
The court’s jurisdiction also extends to all juvenile proceedings, mental health hospital commitments, and domestic relations cases. 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.
Magistrates are also judicial officers of the District Court Division. In criminal cases, magistrates issue arrest and search warrants, conduct initial appearances, and determine conditions of pretrial release. For some relatively minor criminal offenses they may accept guilty pleas, impose punishment and conduct trials. In civil cases, they preside over the trial of small claims ($5,000 or less).

Magistrate's Office

In the 26th Judicial District, there are twenty-two criminal, four civil, and one 50B Facilitator/Pro Se Litigation magistrates. Magistrates are appointed for two-year terms by the Senior Resident Superior Court Judge upon nomination of the Clerk of Superior Court. Magistrates are officers of the district court, and they are subject to the supervision of the Chief District Court Judge in judicial matters.
In civil matters, the magistrates may be assigned by the Chief District Court Judge to hear small claims cases, including summary ejectment (landlord’s action to evict a tenant) cases. The magistrate is also authorized to perform marriage ceremonies, assign a year’s allowance to a surviving spouse, administer oaths, verify pleadings and take acknowledgements (notarization) of instruments.
An internship with a civil magistrate provides direct insight into the judicial process and is a valuable and enriching experience. A magistrate intern gains practical experience by attending judicial proceedings, performing legal research and providing other assistance to the magistrate. Magistrate interns may be exposed to methods and customs of practitioners and learn the level of professional behavior expected of lawyers and/or litigants.
Responsibilities
The following is a partial list of responsibilities:
⧫ Assist Civil Magistrates with court dockets
⧫ Place served summonses in shucks prior to court
⧫ Prepare and mail continuances for cases delayed due to inclement weather
⧫ Assist magistrates with placing dismissals and judgments in shucks
⧫ Coordinate with clerks with respect to obtaining dockets and coordinate with clerks with respect to filing dismissals and judgments when appropriate
⧫ Assist magistrates in the courtroom with docket management
⧫ Post dockets in courtroom cases prior to court sessions
⧫ Assist magistrates with mailing of cases under advisement
⧫ Preparation of orders, judgments, dismissals, continuances, and other court documents as needed
⧫ General clerical work (copying, filing)