North Carolina General Statutes 5A-32. Direct contempt by a juvenile
(a) A presiding judicial official may summarily impose measures in response to direct contempt by a juvenile when necessary to restore order or maintain the dignity and authority of the court and when the measures are imposed substantially contemporaneously with the contempt. Before imposing measures summarily, the judicial official shall do all of the following:
(1) Give the juvenile summary notice of the contempt allegation and a summary opportunity to respond.
Terms Used In North Carolina General Statutes 5A-32
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(2) Appoint an attorney to represent the juvenile and allow time for the juvenile and attorney to confer.
(3) Find facts supporting the summary imposition of measures in response to contempt by a juvenile. The facts shall be established beyond a reasonable doubt.
(b) When a judicial official chooses not to proceed summarily, the official may enter an order appointing counsel for the juvenile and directing the juvenile to appear before a judge in a juvenile proceeding at a reasonable time specified in the order and show cause why the juvenile should not be held in contempt. A copy of the order shall be furnished to the juvenile and to the juvenile’s attorney. If the direct contempt by a juvenile is based on acts before a judge that so involve the judge that the judge’s objectivity may reasonably be questioned, the order shall be returned before a different judge presiding in juvenile court.
(c) After a determination is made pursuant to subsection (a) or (b) of this section that a juvenile has committed direct contempt, the court may order any or all of the following:
(1) That the juvenile be detained in a juvenile detention facility for up to five days.
(2) That the juvenile perform up to 30 hours of supervised community service as arranged by a juvenile court counselor.
(3) That the juvenile be required to undergo any evaluation necessary for the court to determine the needs of the juvenile.
The court shall not impose any of these sanctions without finding first that the juvenile’s act or omission was willfully contemptuous or that the act or omission was preceded by a clear warning by the court that the conduct is improper.
(d) A judicial official who finds a juvenile in direct contempt may at any time terminate or reduce a sanction of detention or eliminate or reduce the number of hours of community service ordered if warranted by the juvenile’s conduct and the ends of justice.
(e) A judicial official may orally order that a juvenile the official is charging with direct contempt be taken into custody and restrained to the extent necessary to assure the juvenile’s presence for summary proceedings or notice of plenary proceedings.
(f) The clerk shall place a copy of any order or other paper issued pursuant to this section in the juvenile’s juvenile file, if one exists, or in a new juvenile file.
(g) Appeal from an order finding a juvenile in direct contempt is to the Court of Appeals. (2007-168, s. 1.)