Chapter 3

North Carolina Counties


No matter where you live in North Carolina, you live in a county and have a county government. Unlike municipalities, counties were not established to deal with the specific problems of living close together. Rather, counties were created to provide basic services that are important to people whether they live in rural or urban areas. Every part of of North Carolina is a part of one of the state's 100 counties.

Chowan courthouse in Edenton, NC
Photo by Marguerite B. McCall, Edenton, NC
Chowan County's courthouse, built in 1767, is the state's oldest courthouse still in use.

When you think of county government, the first image that comes to mind might be the courthouse. The county's central offices are usually located in the courthouse. Official records of births, deaths, marriages, divorces, and property—sometimes stretching back hundreds of years—are maintained there. But county government does not stop at the courthouse steps. Counties operate facilities ranging from health care clinics to jails.

There are two kinds of services that counties provide. Just as all cars come with standard equipment and can also have optional equipment added, so all counties provide some standard services and can also offer optional services. The standard services must be provided under state law. Because the state requires them, they are called mandated services. Part of the reason that the General Assembly has divided the state into counties is to ensure that every resident of North Carolina will have easier access to mandated services through his or her county government. In this way, you might think of your county as a "branch office" of the state government.

But counties do more than carry out state requirements. Like cities and towns, counties are a special kind of corporation, with the power to own property, to enter contracts, and to levy taxes. As local governments, counties have authority to regulate certain personal behavior (development of land or disposal of trash, for example), to encourage county improvement, and even to provide many of the same services cities and towns provide. In addition to the mandated services they must provide, most counties also adopt regulations, encourage community improvement, and provide other services. Depending on the needs of the area and the requests of local citizens, county officials may decide to provide various optional services. For example, with an increasing number of people living outside the boundaries of cities and towns, such optional services as water and sewers or parks and recreation are becoming more popular choices for counties.

Who gets county services? It depends. Most county services are available to all county residents, whether they live inside or outside a city or town. However, some services may be provided only to the unincorporated part of the county (the area outside city or town limits). For example, because most municipalities have their own police department, the county sheriff's department usually provides police patrol and criminal investigation only in unincorporated areas.

In this chapter, you will see how North Carolina's 100 county governments developed and how they are organized. You will also take a look at services provided only by counties. Chapter four will discuss other services that may be provided by either municipalities or counties.

THE DEVELOPMENT OF NORTH CAROLINA COUNTIES

North Carolinians are especially proud of their counties and often identify themselves by the county where they live. Although county governments are similar in many ways, each county has a distinct personality that reflects the character and history of the people who live there.

Counties were a key part of colonial government in North Carolina. As British control and European settlement extended westward from the coast, the British authorities set up new counties to provide government for the colonists. The governor appointed justices of the peace in each county. The justices served as both the court and the administrators for the county. The justices of the peace appointed constables to enforce the law. They appointed a sheriff to collect taxes, and they appointed wardens to care for the poor. The justices also appointed a surveyor to mark land boundaries and a register of deeds to keep property records. Establishing land boundaries and maintaining records of property were very important to the farmers and planters who settled the colony. Having government officials nearby was especially important before the development of modern transportation, because it could take many hours to travel only a few miles.

Map 3.1 North Carolina counties in 1775 Credit: North Carolina Division of Archives and History

There were 35 counties in North Carolina when the state declared its independence from Great Britain in 1776. After independence North Carolina state government continued to use counties to organize local citizens and provide basic government throughout the state. The General Assembly also continued to create new counties to bring government closer to the people. By 1800 there were 65 counties and by 1900 there were 97. In the twentieth century, only three additional counties were created. The last one was created in 1912, bringing the total to 100.

Map 3.2 North Carolina counties showing year of organization Click here to view a larger version of this image that can be printed on legal size paper.

EACH COUNTY IS DIFFERENT

There is no "typical" North Carolina county. North Carolina's 100 counties are diverse. In area, they range from Chowan County (173 square miles) to Robeson County (949 square miles). The population differences are even greater. In 2000, Tyrrell County had the smallest population with just over 4,000 residents and Mecklenburg County the largest with more than 695,000 residents. Population density varies widely across counties, too. Hyde County had only about nine people per square mile, whereas Mecklenburg County had more than 1,280 people per square mile.

The land in the western part of the state is mountainous. Many of the mountain counties are heavily forested. The land is a flat coastal plain in the eastern part of the state. Some counties on the coastal plain are also heavily forested, but many are rich agricultural areas with many highly productive farms. Most of the mountain and coastal plain counties are rural. Agriculture and forestry are important economic activities in both parts of the state. Tourism is also especially important to the economy of the mountains and the coast. Fishing is important along the coast. There are few urban counties in either area. Only Buncombe (Asheville) in the mountains and Cumberland (Fayetteville) and New Hanover (Wilmington) on the coastal plain are predominantly urban and had more than 250 people per square mile in 2000.

The piedmont, in the central part of the state, is an area of rolling hills. North Carolina's biggest cities are in the piedmont, and several piedmont counties are mostly urban. Ten piedmont counties have more than 250 people per square mile (Alamance, Cabarrus, Catawba, Durham, Forsyth, Gaston, Guilford, Mecklenburg, Orange, and Wake). However, most piedmont counties are largely rural. Farming is a more important part of the economy in the eastern piedmont counties than in the western piedmont counties. Manufacturing (especially textiles, clothing, and furniture) is particularly important in the western piedmont counties, where even many rural counties have a considerable amount of industry.

Throughout the twentieth century, North Carolina's urban population grew more rapidly than the rural population. As Figure 3.1 shows, by 2000 over half of the state's 8 million people lived in cities, towns, or villages.

Figure 3.1 North Carolina's rural and urban population, 1900-2000

Bar graph comparing urban and rural populations over the past century

COUNTIES RESPOND TO POPULATION CHANGES

Population change greatly affects county governments. A change in the number of residents means a change in the demand for services, as well as a change in the amount of taxes needed to pay for those services. Since 1950 some North Carolina counties have become more densely populated, others have maintained their population, and still others have lost population. Overall, the population of the state doubled from 1950 to 2000, but most of that increase was concentrated in about half of the state's counties. Map 3.3 shows how each county's population changed during that time.

Map 3.3 County Population Changes, 1950-2000

Click here to view a larger version of this map that can be printed on 8.5 x 11 paper. Set printer to "landscape" option.
Source of population data: U.S. Census Bureau

New Residents, New Jobs

Three kinds of development have contributed most to population growth during the second half of the twentieth century. New and rapidly expanding businesses created jobs and led to increased population in some counties. Much of this kind of growth occurred in the piedmont, with Mecklenburg and Wake counties having the greatest population increase. Military base development contributed much to the population growth in some coastal plain counties, especially Cumberland (Fort Bragg) and Onslow (Camp LeJeune). Resort and retirement community developments also contributed to major population growth in several counties, particularly in the mountains (Henderson, Watauga) and at the beach (Brunswick, Currituck, Dare).

In each case, additional jobs were also created as people moved into these developing counties. Whether they came to take jobs created by expanding businesses, to serve on military bases, or to retire, new residents needed housing, food, clothing, banking, and other goods and services. This need led to the expansion of other businesses and to the creation of additional jobs.

As a result of the development of new jobs, people in counties with population growth generally have higher incomes than those who live in counties with little or no population growth.

More People, More Services

Population growth creates the need for additional government services. Not only are there more people to be served, but the kinds of services needed may also change as the population increases. For example, housing developments outside city limits may require public water and sewer systems to protect the public health. Thus, county government might need to begin providing water and sewer services in unincorporated areas. New school buildings and other public facilities are also needed as the population increases. County governments must pay for these new facilities and hire new employees to serve their larger population.

In the News . . .
Chatham Department of Social Services confronts space shortage
By Stephaan Harris

The building that houses the Chatham County Social Services Department is busting out at its metal seams.

Employees are squeezed in offices, sections of hallways have become veritable filing cabinets, and rooms meant for something else hold thousands of records.

"We don't have much room to add anymore," said Robert Hall, Chatham County Social Services director. "We have to put confidential files out in the halls."

It is uncertain how much relief the Chatham County Board of Commissioners will give them in the next few months as they decide what major projects will receive funding for the next fiscal year.

Social services officials are requesting a building expansion to accommodate the overcrowding, which stems from an increase in workload and employees. Cases for the Medicaid and Health Choice programs alone have increased by 300 over one year.

 

What ups the ante is the county's population growth. The Office of State Planning estimated that from 1990 to 1998, the population jumped by 19 percent. The growth is expected to continue, and more residents will undoubtedly create more need for social services. The department already serves an average of 170 families a week.

Social service workers have had to design creative ways to keep up the files. Because the 400-square-foot room for closed records is full, the department has had to convert a room and part of its conference room to store about 5,000 records. Apart from this, there are about 3,600 active records that either have to be placed in employees' offices or in filing cabinets in the halls.

The situation puts the department at risk of compromising privacy. Some of the files that are considered classified have to be kept in open areas.

Last moth, the department invited the commissioners to tour the building to see the space shortage firsthand. Commissioner Uva Holland toured the social services building more than seven years ago and remembers concerns about space even then. She believes the board will come up with some kind of plan for relief.

"There's definitely a need for space. It's almost at an impossible stage now," Holland said. "We will have to find some ways to alleviate that."

There are 56 employees in the main building, originally designed for 46 people. Nine additional employees whose concentration is child-support services are in a rented house about a mile from the building at a cost of $1,500 a month.

Six of the offices in the main building are shared by two people. This temporary arrangement is not just inconvenient, it violates state regulations. The state's minimum requirement for workspace is 80 square feet for each staff person, or one office per employee. Even though the department is out of compliance, the state has shown flexibility because the expansion is included in the county's capital improvement plans.

—Excerpted by permission of
The News & Observer
of Raleigh, North Carolina
February 5, 2000


View of a subdivision in Caldwell County
Photo by the Caldwell County Planning Department
Housing developments are springing up along the North Carolina countryside, creating some of the same problems that cities experience. Many counties have begun providing water, sewers, and other services to housing developments in unincorporated areas.

The Special Needs of Counties That Have Not Grown

Not all counties experience population growth at the same time. In North Carolina many counties that are primarily agricultural had little population growth or even experienced lost population in the second half of the twentieth century. Machines replaced people for many farming operations during this period. In 1947, forty-two percent of North Carolinians worked in agriculture. By 1987, only three percent of North Carolinians worked in agriculture. In some rural counties, manufacturing or tourist jobs replaced agricultural jobs. In other counties, however, there were few new jobs to replace those lost on the farms. These are the counties that lost population or had little population growth. These are also the counties where per capita income is lowest.

Counties with constant or declining population often have special problems. High unemployment and low wages mean that a larger proportion of the population needs financial assistance and health care from the county government. At the same time, poorer people pay fewer taxes. A county with a low per capita income may well have trouble raising funds to assist its needy residents.

GOVERNING NORTH CAROLINA COUNTIES

Local voters in North Carolina could not select their own county officials until after the Civil War. Up until that time the state appointed county officials. The North Carolina Constitution of 1868 provided for the election of the sheriff, the coroner, the register of deeds, the clerk of court, the surveyor, and the treasurer. Under the 1868 constitution, voters in each county also began to elect a board of county commissioners. The board of county commissioners replaced appointed justices of the peace as officers of general government for the county. These county boards were responsible for the county's finances, including setting its tax rates.

Today, voters in each North Carolina county elect a board of county commissioners, a sheriff, a register of deeds, and a clerk of court. The clerk of court is no longer an office of county government, however. The General Assembly consolidated all county courts into a state-wide court system, and the clerk, although elected by the county's voters, is an employee of the state courts. Judges and district attorneys are elected by judicial districts. Some judicial districts include only a single county, but in many cases they include several counties. Regardless of the size of the judicial district, however, judges and district attorneys are state officials, not county officials. Voters also elect members of the local school board, which may cover an entire county, but sometimes includes only a part of a county. Thus, the county commissioners, the sheriff, and the register of deeds are the only county officials elected by voters in each of the 100 counties.

The Board of County Commissioners

The board of county commissioners has general responsibility for county government. It sets the local property tax rate and adopts the county budget. It passes ordinances, resolutions, and orders to establish county policies. Each board of county commissioners appoints a clerk to keep official records of the board's meetings and decisions, to publish notices, to conduct research, and to carry out other duties, such as providing information to citizens about their county government.

Unlike a city or town governing board, however, the board of county commissioners shares authority for setting county policy with other officials—state officials, the sheriff, the register of deeds, and independent county boards. The General Assembly and various state agencies are often directly involved in setting policy for county governments through mandates that require the county to provide certain services or follow specific procedures. As elected officials, the sheriff and the register of deeds have authority independent of the board of county commissioners and may set policies for their departments. Furthermore, state law provides for separate independent boards with responsibility for alcoholic beverage control, education, elections, health, mental health, and social services policy.

Independent Boards

The independent boards in North Carolina counties appoint directors for their agencies and make local policies regarding agency operations. Smaller counties may join together in a single health district or mental health area, with boards made up of representatives from each of the participating counties. Larger counties typically have their own health and mental health boards. In counties where alcoholic beverages may be sold, an Alcoholic Beverage Control (ABC) Board controls ABC stores in the county.

County social services boards hire a director for the county department of social services and advise the director on program needs and budget requests. Because many social service programs are funded by the United States government, federal and state regulations set much of the policy for social services delivered by counties.

The county elections board sets policies for operations for operations of local voter registration and elections and selects an elections supervisor to manage those operations.

Most North Carolina counties have a single, county-wide administrative unit for public schools, although some counties have more than one school system. Except for a few city school districts with appointed boards of education, the voters of each district elect the board of education for each school unit.

None of the independent boards has the authority to levy taxes. County funds to support these services must be raised by the board of county commissioners. All of the independent boards must also have their budgets approved by the board of county commissioners. The responsibility for financing operations and the power to control expenditures gives the board of county commissioners the ability to coordinate county policy for the services with independent boards. Because it raises and allocates county funds, the board of county commissioners has the potential to influence all government programs that depend on county money, including even the schools, which operate as separate administrative units.

The County Manager

In all 100 North Carolina counties, the board of county commissioners hires a manager. The county manager directs the general operations of county government. He or she has the authority to hire and to fire personnel in departments directly under the authority of the board of commissioners. The county manager does not have the authority to hire or to fire personnel responsible to an independently elected official (sheriff, register of deeds) or personnel that state law places under the state personnel system or an independent board (alcoholic beverage control, education, elections, health, social services). The county manager also prepares a budget for the county and manages the county's expenditures. He or she also reports to the board of commissioners on county government operations and on public problems facing the county. The county manager serves at the pleasure of the board of county commissioners.

SERVICES PROVIDED BY COUNTY GOVERNMENTS

North Carolina counties provide many essential services for all North Carolina residents. The county register of deeds maintains legal records of all property transactions and of marriages, births, and deaths. The county board of elections registers voters and conducts elections. The county sheriff operates a jail to hold people awaiting trial and people convicted of minor crimes. Counties provide emergency medical services either through county departments or through support for volunteer emergency medical service squads. Counties also have responsibility for social services, public health services, and mental health services. Funding the public schools is also a major county responsibility.

Social Services

North Carolina counties have important responsibilities for assisting people with low incomes and other social problems. County departments of social services help children through programs like foster care, adoption, and family counseling. They investigate suspected abuse of children and disabled adults. They offer services to help the elderly and the disabled live at home, and programs to help people prepare for new jobs. County departments of social services often work closely with religious and other charitable organizations in providing these services.

In providing some services, the county must follow very specific regulations. For example, counties must operate Food Stamps and Medicaid programs according to strict federal regulations. Counties must follow these regulations in determining who is eligible to receive assistance from these programs and in organizing and operating their departments of social services to carry out the programs. In part, this is because counties pay only a part of Food Stamps and Medicaid costs. A majority of the funds for each of these programs comes from the U.S. government. To be eligible for funds from the U.S. government, states must have programs that meet federal requirements. Most of the fifty states use a department of state government to administer public assistance, but North Carolina is one of few states that chose to assign that responsibility to the counties. Still, the state (which also pays part of the cost) has to assure the U.S. government that federal requirements are being met. Strict regulation of county operations is one way to do that.

Another reason for strict regulation of public assistance programs is concern about welfare fraud. Many people believe that having very strict regulations will help ensure that only those who really need public assistance will receive these benefits. Others argue that too many regulations make it difficult for people to get the public assistance they need and drive up the cost for those who do receive benefits.

In order to provide greater flexibility in meeting people's needs for financial assistance, North Carolina counties also operate Temporary Assistance to Needy Families (TANF) programs. TANF is the program the federal government created as a part of "welfare reform" in the 1990s. Under TANF, local departments of social services use federal, state, and local funds to provide support to families that do not earn enough money for basic living expenses. TANF can provide families money for a limited period of time while the parents find new jobs. TANF also provides job training so that people can qualify for higher paying jobs, and provides help in paying for child care, transportation, or other services the parents may need in order to hold a job.

Many counties have also established their own general assistance programs. These optional programs help people deal with emergencies and situations not covered by federal and state programs. The county social services board establishes the rules for general assistance in its county, and the board of county commissioners allocates county funds to pay for general assistance. Government programs do not cover all basic needs, however. Religious groups and other charitable organizations operate shelters for the homeless and for battered women, food banks and hot meals programs, clothing distribution centers, and other projects to meet the basic needs of those who cannot earn enough to provide for themselves. Some of these agencies also receive funding from county government to help them deliver specific social services.

Health

In North Carolina, each county is served by both a public health department and a mental health authority. Local public health departments work to improve people's health in three ways: they remove health hazards from the environment; they educate people and give shots to prevent illness; and they care for those who are ill and cannot afford to pay for care. Local mental health authorities provide services for people facing mental illness, developmental disability, or substance abuse.

Whether it is organized for a single county or for two or more counties, each local public health department must meet certain state mandates. It must inspect restaurants, hotels, and other public accommodations in the county to be sure that the facilities and the food are safe. It must also collect information and report to the state about births, deaths, and communicable diseases in the county.

Local health departments also typically provide many other services. They have programs to prevent animals, such as mosquitoes and rats, from spreading human diseases. Many health departments also enforce local sanitation ordinances for septic tanks or swimming pools and local animal-control ordinances. County nurses and health educators teach people about good nutrition and how to prevent illness. Most county health departments operate clinics to diagnose and treat illnesses and to provide health care for expectant mothers, infants, and children who cannot otherwise afford health care. County nurses also care for people in their homes and at school. They also give shots to prevent certain diseases.

Community-based treatment of mental illnesses, mental disabilities, and the abuse of alcohol and other drugs are operated by the area mental health authority (either a single-county board or a multi-county board). These services are another important part of each county's responsibilities for health education and care.

In Mecklenburg and Wake Counties, consolidated Human Services Departments bring together social services, public health, and mental health programs into a single department of county government.

In the News . . .
A nurse checks a young woman's blood pressure as part of a prenatal exam. 
Photo by The News & Observer
A young woman receives a prenatal exam at Wake County's temporary human services center in Zebulon.
Eastern Wake to get human services center
By Kristin Collins

Wake County officials have known for years that eastern Wake County needs more services such as counseling, substance-abuse programs and health care. Until now, the best they could do was provide a few programs from a temporary building in the lot of Zebulon Middle School.

But this year the county will begin plans for a new $4.4 million regional center at the northern edge of Zebulon. The facility will bring human service programs long inaccessible to needy residents.

"I'm glad to hear it," Zebulon Commissioner Robert Holden said this week. "We need something in eastern Wake County. The way it is now, if you don't live on the other side of the Neuse River, you're kind of at a disadvantage."

Wake County leaders decided in 1994 to build four regional centers that would bring programs closer to residents. It was a major philosophical change for a county that traditionally had based its services in downtown Raleigh.

They studied factors such as teen pregnancy and infant mortality rates, school test scores and dropout rates, and decided the most urgent need was in southern and eastern Wake, Sorrels said.

The first of the centers was built in Fuquay-Varina in 1996, and Zebulon was planned next. But the project didn't make it back onto the county's list of projects until this year, when $10.6 million was budgeted over the next seven years for regional centers.

Officials said planning for the Zebulon building would begin almost immediately, and construction could start next summer. They hope to open the doors in fall 2001. The remaining two centers are planned for Wake Forest and Apex in the next decade.

"It kind of ground to a halt for budgetary reasons," said Bob Sorrels, operations director for Wake Human Services. "This is the most hopeful that we've been in four years."

The eastern center will go on a campus that already is home to Zebulon Elementary School and a branch library. The county also plans to build a park nearby.

The center will provide human services such as mental-health and substance-abuse counseling, basic medical treatment, pre-natal care and programs for children. Federal assistance programs including Medicaid, food stamps and Work First will be administered there.

In the same building, residents will be able to pay tax bills, access county records and file for environmental and building permits.

"Once those services come out there, people will begin to get the help they need," said Linda Coleman, eastern Wake's representative on the county Board of Commissioners. "I think it will have an impact on the whole economic structure."

Many of the services seem basic, but they have been out of reach for many who don't have the time or transportation to leave the community, local leaders and educators say.

School social workers in eastern Wake say many children, especially those who use Medicaid, never get the services they need because parents aren't able to drive them to Raleigh.

"Everything we need for our kids to get mental-health help or even physical help, it's not here," said Kelly Lister, a social worker at Zebulon Middle School. "We don't have anything to offer except in Raleigh."

Officials hope the eastern center will ease those problems just as Fuquay-Varina's Southern Regional Center has. It serves thousands of clients each year.

Rosena West, director of Southern Regional, said the center has formed alliances with community service groups and drawn in clients who would not have gone to Raleigh for help. It has lured a branch of the state's Employment Security Commission, which provides job training and placement, and is piloting an education initiative with the Wake County Schools.

"We clearly see ourselves as part of the community, and being right there helps us to understand the problems the community is dealing with," West said. "This is a different way of trying to respond."

—Reprinted by permission of
The News & Observer
of Raleigh, North Carolina
August 11, 2000

Public Schools

In North Carolina, the public schools are both a state and a local responsibility. The state pays teachers' basic salaries and establishes qualifications for teachers. Teachers are considered state employees. The state does not hire teachers, however. Teachers are hired by local school boards, and local school boards are also responsible for deciding to keep or to dismiss teachers.

The North Carolina State Board of Education establishes overall policies for the schools, including the minimum length of the school year, the content of the curriculum, and the textbooks that may be used. Local boards of education must meet the state's guidelines for school policy in all of their decisions about how the local schools will operate. Local school boards hire all local school personnel: teachers, staff, and administrators, including principals, superintendents, and their assistants. Using state guidelines, local school boards decide what texts to use and what courses to offer. They set the calendar for the local schools and decide on school attendance policies.

Local school boards also adopt a budget for operating the schools. Although teachers' basic salaries are paid by the state, most other costs of the schools are a local responsibility. These include: buildings, furniture, and equipment; books and other supplies; maintenance; and utilities. Many local school systems also pay teachers a salary bonus. The local school board decides how much it needs to spend to support the local schools. Then it presents this budget to the board of county commissioners. The school board has no authority to tax. The county commissioners decide how much county money to spend to support local schools. In most counties, schools receive the largest share of county money. Sometimes there is considerable discussion between the school board and the commissioners about how much money the schools should receive.

Each local school board hires a superintendent to coordinate planning for the schools, to select teachers and other school staff, to prepare and administer the budget, and to provide general administrative direction for the schools. Each school has a principal who has similar responsibilities for that school. In many parts of the state, schools are also beginning to involve teachers and parents more directly in helping plan for the school and in making decisions about how the school is run. Some schools also have advisory committees of people from local businesses and other members of the community.

The public schools have the responsibility of helping their students prepare for life. Some public-school programs help prepare students directly for work. Other programs help students prepare for college. All public-school programs should result in making students responsible citizens—people who take pride in their community and help make it a better place to live and work.

Public Facilities

Counties must also provide certain public facilities. Each county's board of county commissioners is required by the state to build and maintain a jail and to provide adequate office space for other mandated services. In addition, the board of county commissioners is responsible for providing suitable space and equipment for the state's district and superior courts.

Working for Local Government . . .  
Bailiff Joe Scott
Photo by The Herald-Sun
Bailiff Joe Scott was responsible for maintaining order in the courts for 18 years.
Bailiff without a gun steps down
By John Stevenson

The end of an era for the Durham Sheriff's Department and court system was observed Friday with the retirement of 72-year-old Joe Scott.

Scott's departure marked the final hurrah for a gentler, quieter time—a time when deputies armed with guns and pepper spray were not considered necessary to keep peace in court.

Scott was the last civilian courtroom bailiff in Durham and was believed by court officials to be the last in the entire state.

"It's kind of sad," Sheriff's Maj. Lucy Zastrow said of Scott's retirement.

"It ends a tradition," Zastrow added. "He's the last of a breed. But if we're going to lose the tradition, he's a hell of a good one to take it out. He's a very good man."

In addition to maintaining security, bailiffs must open court each day with a hearty "oyez, oyez, oyez"—the ancient call to order-and look after jurors, among other duties.

In Durham, no unarmed civilians have been hired as bailiffs since the early 1980s because judges, lawyers and clerks have worried about the rising potential for courtroom violence.

Such concerns have caused armed, uniformed deputies to be responsible for almost all courtroom security for two decades.

The last civilian holdouts were Scott, who was a bailiff for 18 years, and James Lofton Proctor, who retired in 2000 as the oldest bailiff in the state. Proctor was 85 when he left court work in Durham.

Those who know the bantamweight Scott say he never needed a weapon.

Scott is credited with almost magical people skills that enabled him to keep peace without a hint of force. With just a soft word or glance, he seemed to have a tranquilizing effect on everyone from loud-mouthed adult malcontents to screeching babies, court officials said.

Zastrow put it this way: "He is one of the most delightful people I've ever met. He looked at people not as defendants or plaintiffs in a court case but just as people. He really wanted to help them, especially younger people. He wanted to get them on the right track. He considered his work to be as much a civil responsibility as a job. He will really be missed."

Still, Zastrow said, she understands the current doctrine that armed deputies rather than civilians should be used for courtroom security. Deputies also have powers of arrest that civilian bailiffs don't, Zastrow noted.

Sheriff's Lt. Jerry Harris, chief of courtroom security in Durham, said the elimination of civilian bailiffs is a "sign of the times."

"Things tend to be getting worse," said Harris. "You've got people who come up here and fight—gangs and stuff. You've got to have armed people now. When Mr. Scott started, people seemed to have more respect for the court system, more reverence."

"Armed bailiffs are trained to control conflict and are better able to do that," agreed Chief District Court Judge Kenneth C. Titus. "They can react appropriately when force may be necessary. Civilian bailiffs have been good at keeping tempers low. But some people have treated them with contempt. They won't be contemptuous to a deputy with a sidearm. Everybody feels safer when deputies are around."

Like others, Titus said Scott showed dignity and respect to all.

Joe's been great," Titus added. "He has a calming influence on a rowdy crowd. Even without a weapon, he's been able to really help maintain order in the courtroom."

Titus said other communities in North Carolina did away with civilian bailiffs years ago, so Scott probably was indeed the last of his kind.

For his part, Scott said he hasn't carried a gun since he was a front-line infantryman during the Korean War 50 years ago, nor has he had any desire to carry one.

"I always felt perfectly comfortable without a gun," he said of his time as a bailiff. "I was never fearful because I didn't have a gun. Wearing a gun can make some guys mad. I think I was better off without one. To tell you the truth, I didn't want one. When I left Korea, I put the guns down for good."

Scott wasn't always a bailiff. He was a traveling salesman and businessman for 35 years, specializing first in beauty supplies and then auto parts, before he joined the Sheriff's Department.

He said he loved the "people-to- people" aspect of his work as a bailiff.


But he also said the trend toward increasing violence has not escaped his attention—a trend that included a recent shooting outside the courthouse. The shooting was linked to a hotly contested domestic lawsuit.

—Reprinted by permission of
The Herald-Sun
April 1, 2001
© Durham Herald Company, Inc.


Mandates Change

When the state requires counties to provide a service, the county must carry out that mandate. Mandates change, however. The General Assembly has changed counties' service responsibilities many times over the years. For example, one early responsibility of county governments in North Carolina was the construction and maintenance of rural roads and bridges. During the 1930s, however, the General Assembly transferred all responsibility for rural roads and bridges to the state highway department, now called the North Carolina Department of Transportation.

Counties get new responsibilities, too. In the late 1980s, the General Assembly passed laws requiring all counties to provide for the safe disposal of solid wastes produced in the county and to reduce by twenty-five percent the amount of waste going into landfills. This new mandate put all 100 counties in the business of managing solid waste. Many counties for the first time began programs to recycle, reuse, or compost solid wastes or to encourage people to create less waste material.

All of the mandated services are available to all county residents, whether they live in cities or towns or in the unincorporated part of the county.

Counties also provide many optional services to their residents. Some optional services—public libraries and parks and recreation programs, for example—are typically available to all county residents. Other services, such as rural water or sewer systems or rural fire departments, may be provided by county government only for unincorporated areas.

As we have seen, North Carolina county government is complex. The Board of County Commissioners has general responsibility for the county's finances and for many county services. However, state mandates, independently elected officials, and other independent boards also determine policy for many county-funded services. Counties are both local governments and divisions of state government. Counties are local governments in that they provide a government through which citizens can address local problems and opportunities. Counties are also a division of state government because they have to carry out many state programs that are mandated by North Carolina state law. Regardless of where you live in North Carolina, county government helps to shape your daily life.


DISCUSSION QUESTIONS

  1. Find your county on Map 2. Now try to locate your county on Map 1. Had it been formed as a county by 1775?
  • If not, what county was it part of?
  1. What do you know about how your county was formed and got its name? You can find out more about your county's history at the library or county historical society.

  2. Locate your county on Map 3. What changes in population has your county experienced since 1950?

  3. How many municipalities are in your county?

  • What is your county's population?

  • What proportion of county residents live inside incorporated areas?

  • What proportion live in unincorporated areas?

  1. How important is each of the following in your county's economy?
  • agriculture

  • manufacturing

  • tourism

  • military bases

  • hospitals, colleges and universities, or other institutions

  • banking and insurance

  • warehouses and retail stores

  • transportation

  • fishing

  • forestry

  • What are the major employers in your county?

  • What is the current unemployment rate?

  • What kinds of jobs are most available in your county?

  1. What county services have you or people you know used in the past month?
  • How have these services affected you, even if you have not used them yourself?
  1. Who are your county commissioners?

  2. What major issues are your board of county commissioners currently discussing?
  • Which of these issues will have the most effect on you or your family?

  1. How does your county government cooperate with other local governments?


Local Government in North Carolina, Second Edition - Chapter 3, North Carolina Counties.
Copyright © 2003 by Gordon P. Whitaker and the North Carolina City and County Management Association.