§ 5A-15. Plenary proceedings for contempt. - North Carolina Statutes

§5A‑15.  Plenary proceedings for contempt.

(a)        When a judicialofficial chooses not to proceed summarily against a person charged with directcriminal contempt or when he may not proceed summarily, he may proceed by anorder directing the person to appear before a judge at a reasonable timespecified in the order and show cause why he should not be held in contempt ofcourt. A copy of the order must be furnished to the person charged. If thecriminal contempt is based upon acts before a judge which so involve him thathis objectivity may reasonably be questioned, the order must be returned beforea different judge.

(b)        Proceedings underthis section are before a district court judge unless a court superior to thedistrict court issued the order, in which case the proceedings are before thatcourt. Venue lies throughout the district court district as defined in G.S. 7A‑133or superior court district or set of districts as defined in G.S. 7A‑41.1,as the case may be, where the order was issued.

(c)        The person orderedto show cause may move to dismiss the order.

(d)        The judge is thetrier of facts at the show cause hearing.

(e)        The person chargedwith contempt may not be compelled to be a witness against himself in thehearing.

(f)         At the conclusionof the hearing, the judge must enter a finding of guilty or not guilty. If theperson is found to be in contempt, the judge must make findings of fact andenter judgment. The facts must be established beyond a reasonable doubt.

(g)        The judge presidingover the hearing may appoint a prosecutor or, in the event of an apparentconflict of interest, some other member of the bar to represent the court inhearings for criminal contempt. (1977, c. 711, s. 3; 1987(Reg. Sess., 1988), c. 1037, s. 44.)