NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1080

HOUSE BILL 1187

 

 

AN ACT TO ALLOW CLERKS OF COURT TO HOLD PERSONS IN CIVIL CONTEMPT IN CERTAIN INSTANCES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 5A-21(b) as the same is found in the 1977 Cumulative Supplement to Volume 1B of the General Statutes is amended by deleting the phrase on line 1 "judge may order a civil contemnor" and by inserting in lieu thereof the following: "person who is found in civil contempt may be".

Sec. 2.  G.S. 5A-23(b) as the same is found in the 1977 Cumulative Supplement to Volume 1B of the General Statutes is amended by deleting the word "Proceedings" on line 1 and inserting in lieu thereof the following: "Except when the General Statutes specifically provide for the exercise of contempt power by the clerk of superior court, proceedings".

Sec. 3.  G.S. 5A-23(d) as the same is found in the 1977 Cumulative Supplement to Volume 1B of the General Statutes is amended by deleting the word "judge" on line one and inserting in lieu thereof the words "judicial official".

Sec. 4.  G.S. 5A-23(e) as the same is found in the 1977 Cumulative Supplement to Volume 1B of the General Statutes is amended by deleting the word "judge" from line 1 and line 2, and by inserting in lieu thereof the words "judicial official".

Sec. 5.  G.S. 7A-103(7) as the same appears in the 1977 Cumulative Supplement to Volume 1B of the General Statutes is rewritten to read as follows:

"(7)      Preserve order in his court, punish criminal contempts, and hold persons in civil contempt; subject to the limitations contained in Chapter 5A of the General Statutes of North Carolina."

Sec. 6.  G.S. 7A-292(2) as the same appears in the 1977 Cumulative Supplement to Volume 1B of the General Statutes is rewritten to read as follows: "(2) To punish for direct criminal contempt subject to the limitations contained in Chapter 5A of the General Statutes of North Carolina."

Sec. 7.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 12th day of June, 1980.