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Initiated by a hearing ordered by a superior court judge to inquire into the adequacy of the alamance county court facilities, this case probes the scope of the court's inherent power to direct county commissioners to ameliorate such facilities and the proper means of effecting that end. For the court witness my hand and the seal of the supreme court of north carolina, this the 10th day of september, 1991. Amar majmundar senior deputy attorney general n.c
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Box 629 raleigh, north carolina 27602 phone 412 s.e.2d 295 docket number In addressing this issue, we must look freshly at the separation of powers provision in the north carolina constitution, with an eye to the actual constitutional, pragmatic, and philosophical limitations on the power granted therein.
In in re alamance county court facilities, 329 nc 84 (1991), a case about the court’s inherent authority to order county commissioners to provide adequate court facilities, the supreme court emphasized that separation of powers does not mean the three branches are entirely independent of each other.
Gatekeeper orders may best be viewed as a last resort when other sanctions (such as attorney fee orders under rule 11 or g.s As discussed below, they must be narrowly tailored to avoid unduly abridging the litigant’s rights. North carolina supreme court decisions 1991 bailey v