Records Show Thousands of Pending Cases as Incumbent Judge Claims ‘No Backlog’ in District 41

A review of newly updated public records from the North Carolina Judicial Branch shows thousands of pending criminal cases in Judicial District 41, contradicting a recent campaign statement by incumbent District Court Judge Robert Martelle that there is “no backlog” in criminal district court. 

In the statement, Martelle outlined what he described as sweeping efficiency improvements in Rutherford and McDowell counties, including the creation of a monthly administrative “Clean Up Court” in 2022 aimed at reducing caseloads ahead of the district’s transition to the state’s eCourts system, known as Odyssey.

“The results have been tremendous,” Martelle wrote, stating that thousands of cases have been reviewed and removed since 2022 and that each year more cases have been disposed than filed. He added that there is “no backlog in any civil district court in Rutherford or McDowell County.”

Turning to criminal matters, Martelle said the district has focused on reducing continuances and resolving Class H and Class I felony cases within 120 days. “Furthermore, there is no backlog in criminal district court in Rutherford or McDowell County,” he wrote. He also said the district ranks near the top statewide in handling Class H and Class I felony pleas in district court.

However, data available on the Judicial Branch’s public dashboard tells a different story. When filtering for Judicial District 41 and selecting pending criminal cases, the state’s online data shows 5,667 open criminal matters.

The Judicial Branch defines pending cases as those that have been filed but not yet disposed. Disposition typically occurs when a case is dismissed, resolved by plea, tried to a verdict, or otherwise concluded by court order.

The term “backlog” is not formally defined in the public dashboard and can vary depending on administrative standards or time-to-disposition benchmarks. The term appears in multiple other judicial districts, but no publicly available document was found during a WCAB News public records review for District 41, which falls under Martelle's purview as Chief District Court Judge.

Martelle did not specify in his campaign statement how he defines “backlog” or whether he was referring to cases exceeding certain age thresholds rather than total pending filings. He has been in the role since 2013.

District 41 serves Rutherford and McDowell counties. Both counties have undergone procedural changes in recent years as part of the statewide rollout of eCourts, a digital case management system designed to modernize filing and improve transparency. 

According to the Judicial Branch, the public dashboard is updated regularly and is intended to provide transparency into court operations, including filings, dispositions, and case age.