§ 5A-32. Direct contempt by a juvenile. - North Carolina Statutes

§ 5A‑32.  Directcontempt by a juvenile.

(a)        A presidingjudicial official may summarily impose measures in response to direct contemptby a juvenile when necessary to restore order or maintain the dignity andauthority of the court and when the measures are imposed substantiallycontemporaneously with the contempt. Before imposing measures summarily, thejudicial official shall do all of the following:

(1)        Give the juvenilesummary notice of the contempt allegation and a summary opportunity to respond.

(2)        Appoint an attorneyto represent the juvenile and allow time for the juvenile and attorney toconfer.

(3)        Find factssupporting the summary imposition of measures in response to contempt by ajuvenile. The facts shall be established beyond a reasonable doubt.

(b)        When a judicialofficial chooses not to proceed summarily, the official may enter an orderappointing counsel for the juvenile and directing the juvenile to appear beforea judge in a juvenile proceeding at a reasonable time specified in the orderand show cause why the juvenile should not be held in contempt. A copy of theorder shall be furnished to the juvenile and to the juvenile's attorney. If thedirect contempt by a juvenile is based on acts before a judge that so involvethe judge that the judge's objectivity may reasonably be questioned, the ordershall be returned before a different judge presiding in juvenile court.

(c)        After adetermination is made pursuant to subsection (a) or (b) of this section that ajuvenile has committed direct contempt, the court may order any or all of thefollowing:

(1)        That the juvenile bedetained in a juvenile detention facility for up to five days.

(2)        That the juvenileperform up to 30 hours of supervised community service as arranged by ajuvenile court counselor.

(3)        That the juvenile berequired to undergo any evaluation necessary for the court to determine theneeds of the juvenile.

The court shall not impose anyof these sanctions without finding first that the juvenile's act or omissionwas willfully contemptuous or that the act or omission was preceded by a clearwarning by the court that the conduct is improper.

(d)        A judicial officialwho finds a juvenile in direct contempt may at any time terminate or reduce asanction of detention or eliminate or reduce the number of hours of communityservice ordered if warranted by the juvenile's conduct and the ends of justice.

(e)        A judicial officialmay orally order that a juvenile the official is charging with direct contemptbe taken into custody and restrained to the extent necessary to assure thejuvenile's presence for summary proceedings or notice of plenary proceedings.

(f)         The clerk shallplace a copy of any order or other paper issued pursuant to this section in thejuvenile's juvenile file, if one exists, or in a new juvenile file.

(g)        Appeal from anorder finding a juvenile in direct contempt is to the Court of Appeals. (2007‑168, s. 1.)