Durham County Court

County Resources

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Durham County Court Information

The first courthouse in Durham County was actually located in rented space. In 1889, a proper courthouse was completed, with more space. They quickly outgrew that space, and a second courthouse was completed in 1917.

The third courthouse, the Judicial Building, was completed in 1979. Again, the county courts needed more space, and the fourth and current courthouse opened in 2013. All county court matters are handled at the Durham County Courthouse.

Locations

Durham County Courthouse
510 South Dillard St
Durham, NC 27701
(919) 808-3000

United States District Court
Middle District of North Carolina
John Hervey Wheeler Courthouse
323 E. Chapel Hill Street
Durham, NC 27702

Clerk of Superior Court

The Clerk of Superior Court is an elected position, with one term being 4 years. In North Carolina, the Clerk of Superior Court is also a Probate Court judge. The Clerk is responsible for clerical duties and record-keeping for both the District and Superior Courts. As a Probate judge, they have jurisdiction over adoptions, name changes, guardianships, and certain types of foreclosures.

Aminah M. Thompson
Durham County Clerk of Superior Court
510 S. Dillard St.
Durham, NC 27701
(919) 808-3000

Clerk to the Board

The Clerk to the Board records meeting minutes of the Board of County Commissioners and is the custodian of the County Seal. The Clerk also is the custodian of all records from the Board, administers the oaths of public offices, and publishes public notices.

Monica W. Wallace
Durham County Clerk to the Board
200 East Main Street
2nd Floor, Historic Courthouse
Durham, NC 27701
919-560-0025

United States District Court

Durham County is part of the Middle District of North Carolina for the United States District Court. The Durham location is the smallest of the three locations in North Carolina.

Catherine C. Eagles is the Chief United States District Judge. John S. Brubaker is the Clerk of Court.

Superior Court

The Superior Court has 48 judicial districts across the state. Durham County is in the 16th judicial district. Superior Court is used for civil cases that involve more than $25,000 and for all felony criminal cases. This court also hears appeals from the District Court.

Superior court judges are elected by the voters in their district, must reside in the district in which they are elected, and serve terms of eight years. Each district has a Senior Resident Superior Court Judge who acts as the administrator of the court.

District Court

District Court is used for cases relating to civil, criminal, magistrate, and juvenile matters. Durham County is in the 16th Judicial District. Each administrative district has a Chief District Court Judge to manage the administration of the court.

Civil cases that are heard in District Court include divorce, child support and custody, and lawsuits involving less than $25,000. The District Court only hears criminal cases that involve misdemeanors and infractions. Juvenile cases, including both dependency and delinquency, are also heard in District Court.

Magistrates

Magistrates are judicial officers in a division of District Court. Magistrates have limited jurisdiction, but are authorized to hear small claims cases, certain eviction cases, and cases involving personal property recovery. Magistrates are also authorized to set bail and accept guilty pleas for minor misdemeanors and infractions.

A magistrate is appointed to a 4-year turn by the Senior Resident Superior Clerk Judge after being nominated by the Clerk of Superior Court. A 4-year college degree is required, or a 2-year degree with 4 years of relevant work experience.

Civil Court

Civil cases are those that are not criminal in nature and usually involve a financial or property dispute between two people.

Superior Court judges hear cases that involve a financial amount of more than $25,000 for monetary judgements or wage garnishment. District Court judges hear cases that involve less than $25,000. District Court also hears cases regarding divorce, custody, and child support.

Small Claims Court is part of District Court and hears cases involving up to $10,000 for monetary judgments.

Criminal Court

Criminal court judges hear cases involving criminal offenses. District Court hears cases involving misdemeanors and infractions, while felony cases are heard in Superior Court.

Family Court

Family court judges hear cases involving domestic relations, including divorce, custody, and separation. Juvenile cases are also heard in Family Court.

Probate Court

The Clerk of Superior Court is the de facto Probate Judge and handles cases involving the probate of estates, along with cases involving adoption, guardianship, mental health, name changes, and real estate foreclosures

Drug Court

Drug Court is a voluntary program that may be offered to certain offenders dealing with substance abuse. It offers intensive treatment for substance abuse and includes social services, treatment specialists, and other supporting services. Upon completion of the program, the punishment may be lessened or dismissed entirely.