§ 15A-1215. Alternate jurors. - North Carolina Statutes

§15A‑1215.  Alternate jurors.

(a)        The judge maypermit the seating of one or more alternate jurors. Alternate jurors must besworn and seated near the jury with equal opportunity to see and hear theproceedings. They must attend the trial at all times with the jury, and obeyall orders and admonitions of the judge. When the jurors are ordered kepttogether, the alternate jurors must be kept with them. If before finalsubmission of the case to the jury, any juror dies, becomes incapacitated ordisqualified, or is discharged for any other reason, an alternate juror becomesa juror, in the order in which selected, and serves in all respects as thoseselected on the regular trial panel. Alternate jurors receive the samecompensation as other jurors and, unless they become jurors, must be dischargedupon the final submission of the case to the jury.

(b)        In all criminalactions in which one or more defendants is to be tried for a capital offense,or enter a plea of guilty to a capital offense, the presiding judge shallprovide for the selection of at least two alternate jurors, or more as he deemsappropriate. The alternate jurors shall be retained during the deliberations ofthe jury on the issue of guilt or innocence under such restrictions,regulations and instructions as the presiding judge shall direct. In case ofsequestration of a jury during deliberations in a capital case, alternatesshall be sequestered in the same manner as is the trial jury, but suchalternates shall also be sequestered from the trial jury. In no event shallmore than 12 jurors participate in the jury's deliberations. (1977,c. 711, s. 1; 1979, c. 711, s. 1.)