Legislature Tweaks Jurisdictional Rules for District and Superior Courts

A few weeks ago, I wrote about one part of S.L. 2023-97 (S 91), which prohibited street takeovers. This post covers other provisions of that session law, which change the jurisdictional rules for district and superior court, albeit in limited ways. Constitutional jurisdiction. The North Carolina Constitution provides that the superior court has original general jurisdiction throughout the State “[e]xcept as otherwise provided by the General Assembly.” Article IV, Section 12(3). It further provides that the General Assembly must, by general law uniformly applicable in every local court district of the State, prescribe the jurisdiction and powers of the district courts and magistrates. Article IV, Section 12(4). Statutory jurisdiction. The General Assembly has exercised the authority granted by the state constitution to provide that district courts have exclusive, general jurisdiction over criminal actions “below the grade of felony.” G.S. 7A-272(a). In addition to their jurisdiction over misdemeanors and infractions, district courts have jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or Class I felony when certain statutory criteria are satisfied. G.S. 7A-272(c). S.L. 2023-97 amends those statutory criteria effective for pleas entered on or after December 1, 2023. Changes to district court jurisdiction over H & I felony pleas. Current G.S. 7A-272(c) provides that a district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony when two conditions are satisfied.  First, the presiding district court judge, the prosecutor and the defendant must consent [...]