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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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North Carolina | Matter of Alamance Cty. Court Facilities, 329 N.C. 84, 99 (1991) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | Not explicitly, but it may be limited on a case-by-case basis |
We hold that when inaction by those exercising legislative authority threatens fiscally to undermine the integrity of the judiciary, a court may invoke its inherent power to do what is + See morereasonably necessary for “the orderly and efficient exercise of the administration of justice.” Beard v. N.C. State Bar, 320 N.C. at 129, 357 S.E.2d at 696. Article V prohibits the judiciary from taking public monies without statutory authorization. But our statutes obligate counties and cities to provide physical facilities for the judicial system operating within their boundaries. N.C.G.S. § 7A–300(a)(11) (1989); N.C.G.S. § 7A–302 (1989). These facilities must be adequate to serve the functioning of the judiciary within the borders of those political subdivisions. Such adequacy necessarily includes safeguarding the constitutional rights of parties and ascertaining that parties' statutory rights—such as handicap access—are similarly protected. Although the statutes do not expressly pass the duty of providing adequate judicial facilities to the court in case of default of local authorities, the court has the inherent authority to direct local authorities to perform that duty.
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