The N.C. Supreme Court today “vacated in each and every respect” a District Court judge’s April 2011 order to end traffic court in Brunswick County. The high court ruling ends a battle between D.A. Jon David and District Court Judge Jerry Jolly.
The Supreme court agreed with David that Jolly had overstepped his authority when he ended the traffic court program.
Even in the name of its inherent power, the judiciary may not arrogate a duty reserved by the constitution exclusively to another body, nor may it violate the constitutional rights of persons brought before its tribunals. Furthermore, doing what is ?reasonably necessary for the proper administration of justice — means doing no more than is reasonably necessary. The court’s exercise of its inherent power must be responsible — even
cautious — and in the spirit of mutual cooperation among the three branches.
The very genius of our tripartite Government is based upon the proper exercise of their respective powers together with harmonious cooperation between the three independent Branches.
