Under the terms of the state constitution, the court's judges were elected by the North Carolina General Assembly and served as long as they maintained good behavior.
[5] In 1806, areas of the state were grouped into six circuits, and Superiors Court judges were required to hold sessions in every county twice a year.
The document elevated the Superior Court to a constitutional institution, and provided for all judges in the state to be popularly elected to serve eight-year terms.
After 1868, judges held court only in their districts, but in 1878, the previous system of statewide rotating circuits was reinstated.
[13] Judges are constitutionally required to be licensed attorneys, but are forbidden from engaging in the private practice of law during their tenures.
The governor appoints judges to fill vacancies on the bench pending the next state legislative election or until the expiration of a preceding incumbent's term.
[1] The clerk also serves as a judge of probate and is empowered to hold certain hearings, such as in cases involving adoptions, questions of guardianship for incompetent adults, and partitions of land.
[14] Senior resident judges may remove clerks from office in their district for misconduct or incapacity,[15] and vacancies in clerk's offices are filled by the appointment of the senior resident judge pending the next state legislative election.
The clerks are also responsible for nominating local magistrates, subject to the confirmation of the senior resident judge.