§ 15A-1032. Removal of disruptive defendant. - North Carolina Statutes

§15A‑1032.  Removal of disruptive defendant.

(a)        A trial judge,after warning a defendant whose conduct is disrupting his trial, may order thedefendant removed from the trial if he continues conduct which is so disruptivethat the trial cannot proceed in an orderly manner. When practicable, thejudge's warning and order for removal must be issued out of the presence of thejury.

(b)        If the judge ordersa defendant removed from the courtroom, he must:

(1)        Enter in the recordthe reasons for his action; and

(2)        Instruct the jurorsthat the removal is not to be considered  in weighing evidence or determiningthe issue of guilt.

A defendant removed from thecourtroom must be given the opportunity of learning of the trial proceedingsthrough his counsel at reasonable intervals as directed by the court and mustbe given opportunity to return to the courtroom during the trial upon assuranceof his good behavior. (1977, c. 711, s. 1.)