Chapter 5A.

Contempt.

Article 1.

Criminal Contempt.

§ 5A-1.  Reserved for future codification purposes.

 

§ 5A-2.  Reserved for future codification purposes.

 

§ 5A-3.  Reserved for future codification purposes.

 

§ 5A-4.  Reserved for future codification purposes.

 

§ 5A-5.  Reserved for future codification purposes.

 

§ 5A-6.  Reserved for future codification purposes.

 

§ 5A-7.  Reserved for future codification purposes.

 

§ 5A-8.  Reserved for future codification purposes.

 

§ 5A-9.  Reserved for future codification purposes.

 

§ 5A-10.  Reserved for future codification purposes.

 

§ 5A-11.  Criminal contempt.

(a)        Except as provided in subsection (b), each of the following is criminal contempt:

(1)        Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings.

(2)        Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority.

(3)        Willful disobedience of, resistance to, or interference with a court's lawful process, order, directive, or instruction or its execution.

(4)        Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified.

(5)        Willful publication of a report of the proceedings in a court that is grossly inaccurate and presents a clear and present danger of imminent and serious threat to the administration of justice, made with knowledge that it was false or with reckless disregard of whether it was false. No person, however, may be punished for publishing a truthful report of proceedings in a court.

(6)        Willful or grossly negligent failure by an officer of the court to perform his duties in an official transaction.

(7)        Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court.

(8)        Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A, Granting of Immunity to Witnesses.

(9)        Willful communication with a juror in an improper attempt to influence his deliberations.

(9a)      Willful refusal by a defendant to comply with a condition of probation.

(9b)      Willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes. For purposes of this subdivision, "willful refusal to accept post-release supervision or to comply with the terms of post-release supervision" includes, but is not limited to, knowingly violating the terms of post-release supervision in order to be returned to prison to serve out the remainder of the supervisee's sentence.

(10)      Any other act or omission specified elsewhere in the General Statutes of North Carolina as grounds for criminal contempt.

The grounds for criminal contempt specified here are exclusive, regardless of any other grounds for criminal contempt which existed at common law.

(b)        No person may be held in contempt under this section on the basis of the content of any broadcast, publication, or other communication unless it presents a clear and present danger of an imminent and serious threat to the administration of criminal justice.

(c)        This section is subject to the provisions of G.S. 7A-276.1, Court orders prohibiting publication or broadcast of reports of open court proceedings or reports of public records banned.  (1977, c. 711, s. 3; 1994, Ex. Sess., c. 19, s. 1; 2011-307, s. 6.)

 

§ 5A-12.  Punishment; circumstances for fine or imprisonment; reduction of punishment; other measures.

(a)        A person who commits criminal contempt, whether direct or indirect, is subject to censure, imprisonment up to 30 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three, except that:

(1)        A person who commits a contempt described in G.S. 5A-11(8) is subject to censure, imprisonment not to exceed 6 months, fine not to exceed five hundred dollars ($500.00), or any combination of the three;

(2)        A person who has not been arrested who fails to comply with a nontestimonial identification order, issued pursuant to Article 14 of Chapter 15A of the General Statutes is subject to censure, imprisonment not to exceed 90 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three; and

(3)        A person who commits criminal contempt by failing to comply with an order to pay child support is subject to censure, imprisonment up to 30 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three. However, a sentence of imprisonment up to 120 days may be imposed for a single act of criminal contempt resulting from the failure to pay child support, provided the sentence is suspended upon conditions reasonably related to the contemnor's payment of child support.

(b)        Except for contempt under G.S. 5A-11(5) or 5A-11(9), fine or imprisonment may not be imposed for criminal contempt, whether direct or indirect, unless:

(1)        The act or omission was willfully contemptuous; or

(2)        The act or omission was preceded by a clear warning by the court that the conduct is improper.

(c)        The judicial official who finds a person in contempt may at any time withdraw a censure, terminate or reduce a sentence of imprisonment, or remit or reduce a fine imposed as punishment for contempt if warranted by the conduct of the contemnor and the ends of justice.

(d)       A person held in criminal contempt under this Article shall not, for the same conduct, be found in civil contempt under Article 2 of this Chapter, Civil Contempt.

(e)        A person held in criminal contempt under G.S. 5A-11(9) may nevertheless, for the same conduct, be found guilty of a violation of G.S. 14-225.1, but he must be given credit for any imprisonment resulting from the contempt.  (1977, c. 711, s. 3; 1985 (Reg. Sess., 1986), c. 843, s. 1; 1987 (Reg. Sess., 1988), c. 1040, ss. 2, 4; 1989 (Reg. Sess., 1990), c. 1039, s. 4; 1991, c. 686, s. 3; 1999-361, s. 3; 2009-335, s. 1.)

 

§ 5A-13.  Direct and indirect criminal contempt; proceedings required.

(a)        Criminal contempt is direct criminal contempt when the act:

(1)        Is committed within the sight or hearing of a presiding judicial official; and

(2)        Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and

(3)        Is likely to interrupt or interfere with matters then before  the court.

The presiding judicial official may punish summarily for direct criminal contempt according to the requirements of G.S. 5A-14 or may defer adjudication and sentencing as provided in G.S. 5A-15. If proceedings for direct criminal contempt are deferred, the judicial official must, immediately following the conduct, inform the person of his intention to institute contempt proceedings.

(b)        Any criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by G.S. 5A-15. (1977, c. 711, s. 3.)

 

§ 5A-14.  Summary proceedings for contempt.

(a)        The presiding judicial official may summarily impose measures in response to direct criminal contempt when necessary to restore order or maintain the dignity and authority of the court and when the measures are imposed substantially contemporaneously with the contempt.

(b)        Before imposing measures under this section, the judicial official must give the person charged with contempt summary notice of the charges and a summary opportunity to respond and must find facts supporting the summary imposition of measures in response to contempt. The facts must be established beyond a reasonable doubt. (1977, c. 711, s. 3.)

 

§ 5A-15.  Plenary proceedings for contempt.

(a)        When a judicial official chooses not to proceed summarily against a person charged with direct criminal contempt or when he may not proceed summarily, he may proceed by an order directing the person to appear before a judge at a reasonable time specified in the order and show cause why he should not be held in contempt of court. A copy of the order must be furnished to the person charged. If the criminal contempt is based upon acts before a judge which so involve him that his objectivity may reasonably be questioned, the order must be returned before a different judge.

(b)        Proceedings under this section are before a district court judge unless a court superior to the district court issued the order, in which case the proceedings are before that court. Venue lies throughout the district court district as defined in G.S. 7A-133 or 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 ordered to show cause may move to dismiss the order.

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

(e)        The person charged with contempt may not be compelled to be a witness against himself in the hearing.

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

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

 

§ 5A-16.  Custody of person charged with criminal contempt.

(a)        A judicial official may orally order that a person he is charging with direct criminal contempt be taken into custody and restrained to the extent necessary to assure his presence for summary proceedings or notice of plenary proceedings.

(b)        If a judicial official who initiates plenary proceedings for contempt under G.S. 5A-15 finds, based on sworn statement or affidavit, probable cause to believe the person ordered to appear will not appear in response to the order, he may issue an order for arrest of the person, pursuant to G.S. 15A-305. A person arrested under this subsection is entitled to release under the provisions of Article 26, Bail, of Chapter 15A of the General Statutes. (1977, c. 711, s. 3.)

 

§ 5A-17.  Appeals; bail proceedings.

(a)        A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior to a superior court judge is by hearing de novo before a superior court judge.

(b)        Upon appeal in a case where the judicial official imposes confinement, a bail hearing shall be held within a reasonable time period after imposition of the confinement. The judicial official holding the bail hearing shall be:

(1)        A district court judge if the confinement is imposed by a clerk or magistrate.

(2)        A superior court judge if the confinement is imposed by a district court judge.

(3)        A superior court judge other than the superior court judge that imposed the confinement.

(c)        A person found in contempt and who has given notice of appeal may be retained in custody not more than 24 hours from the time of imposition of confinement without a bail determination being made by a judicial official as designated under subdivisions (1) through (3) of subsection (b) of this section. If a designated judicial official has not acted within 24 hours of the imposition of confinement, any judicial official shall act under the provisions of subsection (b) of this section and hold the bail hearing.  (1977, c. 711, s. 3; 2013-303, s. 1.)

 

§ 5A-18.  Reserved for future codification purposes.

 

§ 5A-19.  Reserved for future codification purposes.

 

§ 5A-20.  Reserved for future codification purposes.

 

 

Article 2.

Civil Contempt.

§ 5A-21.  Civil contempt; imprisonment to compel compliance.

(a)        Failure to comply with an order of a court is a continuing civil contempt as long as:

(1)        The order remains in force;

(2)        The purpose of the order may still be served by compliance with the order;

(2a)      The noncompliance by the person to whom the order is directed is willful; and

(3)        The person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.

(b)        A person who is found in civil contempt may be imprisoned as long as the civil contempt continues, subject to the limitations provided in subsections (b1) and (b2) of this section. Notwithstanding subsection (b2) of this section, if a person is found in civil contempt for failure to pay child support or failure to comply with a court order to perform an act that does not require the payment of a monetary judgment, the person may be imprisoned as long as the civil contempt continues without further hearing.

(b1)      A person who is found in civil contempt, but was not arrested, for failure to comply with a nontestimonial identification order issued pursuant to Article 14, Nontestimonial Identification Order, of Chapter 15A of the General Statutes may not be imprisoned more than 90 days unless the person is arrested on probable cause.

(b2)      The period of imprisonment for a person found in civil contempt shall not exceed 90 days for the same act of disobedience or refusal to comply with an order of the court. A person who has not purged himself or herself of the contempt within the period of imprisonment imposed by the court under this subsection may be recommitted for one or more successive periods of imprisonment, each not to exceed 90 days. However, the total period of imprisonment for the same act of disobedience or refusal to comply with the order of the court shall not exceed 12 months, including both the initial period of imprisonment imposed under this section and any additional period of imprisonment imposed under this subsection. Before the court may recommit a person to any additional period of imprisonment under this subsection, the court shall conduct a hearing de novo. The court must enter a finding for or against the alleged contemnor on each of the elements of G.S. 5A-21(a), and must find that all of elements of G.S. 5A-21(a) continue to exist before the person can be recommitted. For purposes of this subsection, a person's failure or refusal to purge himself or herself of contempt shall not be deemed a separate or additional act of disobedience, failure, or refusal to comply with an order of the court.

(c)        A person who is found in civil contempt under this Article shall not, for the same conduct, be found in criminal contempt under Article 1 of this Chapter.

(d)       A person who is found in civil contempt under this Article is not subject to the imposition of a fine.  (1977, c. 711, s. 3; 1979, 2nd Sess., c. 1080, s. 1; 1999-361, s. 1; 2015-210, s. 1.)

 

§ 5A-22.  Release when civil contempt no longer continues.

(a)        A person imprisoned for civil contempt must be released when his civil contempt no longer continues. The order of the court holding a person in civil contempt must specify how the person may purge himself of the contempt. Upon finding compliance with the specifications, the sheriff or other officer having custody may release the person without a further order from the court.

(b)        On motion of the contemnor, the court must determine if he is subject to release and, on an affirmative determination, order his release. The motion must be directed to the judge who found civil contempt unless he is not available. Then the motion must be made to a judge of the same division in the same district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be. The contemnor may also seek his release under other procedures available under the law of this State. (1977, c. 711, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 45.)

 

§ 5A-23.  Proceedings for civil contempt.

(a)        Proceedings for civil contempt are by motion pursuant to G.S. 5A-23(a1), by the order of a judicial official directing the alleged contemnor to appear at a specified reasonable time and show cause why he should not be held in civil contempt, or by the notice of a judicial official that the alleged contemnor will be held in contempt unless he appears at a specified reasonable time and shows cause why he should not be held in contempt. The order or notice must be given at least five days in advance of the hearing unless good cause is shown. The order or notice may be issued on the motion and sworn statement or affidavit of one with an interest in enforcing the order, including a judge, and a finding by the judicial official of probable cause to believe there is civil contempt.

(a1)      Proceedings for civil contempt may be initiated by motion of an aggrieved party giving notice to the alleged contemnor to appear before the court for a hearing on whether the alleged contemnor should be held in civil contempt. A copy of the motion and notice must be served on the alleged contemnor at least five days in advance of the hearing unless good cause is shown. The motion must include a sworn statement or affidavit by the aggrieved party setting forth the reasons why the alleged contemnor should be held in civil contempt. The burden of proof in a hearing pursuant to this subsection shall be on the aggrieved party.

(b)        Except when the clerk of superior court has original subject matter jurisdiction and issued the order or when the General Statutes specifically provide for the exercise of contempt power by the clerk of superior court, proceedings under this section are before a district court judge, unless a court superior to the district court issued the order in which case the proceedings are before that court. When the proceedings are before a superior court, venue is in the superior court district or set of districts as defined in G.S. 7A-41.1 of the court which issued the order. Otherwise, venue is in the county where the order was issued.

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

(d)       The judicial official is the trier of facts at the show cause hearing.

(e)        At the conclusion of the hearing, the judicial official must enter a finding for or against the alleged contemnor on each of the elements set out in G.S. 5A-21(a). If civil contempt is found, the judicial official must enter an order finding the facts constituting contempt and specifying the action which the contemnor must take to purge himself or herself of the contempt.

(f)        A person with an interest in enforcing the order may present the case for a finding of civil contempt for failure to comply with an order.

(g)        A person who is found in civil contempt under this Article shall not, for the same conduct, be found in criminal contempt under Article 1 of this Chapter.  (1977, c. 711, s. 3; 1979, 2nd Sess., c. 1080, ss. 2-4; 1987 (Reg. Sess., 1988), c. 1037, s. 46; 1999-361, ss. 2, 4, 5; 2000-140, s. 35; 2017-158, s. 11.)

 

§ 5A-24.  Appeals.

A person found in civil contempt may appeal in the manner provided for appeals in civil actions. (1977, c. 711, s. 3.)

 

§ 5A-25.  Proceedings as for contempt and civil contempt.

Whenever the laws of North Carolina call for proceedings as for contempt, the proceedings are those for civil contempt set out in this Article. (1977, c. 711, s. 3.)

 

§ 5A-26.  Reserved for future codification purposes.

 

§ 5A-27.  Reserved for future codification purposes.

 

§ 5A-28.  Reserved for future codification purposes.

 

§ 5A-29.  Reserved for future codification purposes.

 

§ 5A-30.  Reserved for future codification purposes.

 

 

Article 3.

Contempt by Juveniles.

§ 5A-31.  Contempt by a juvenile.

(a)        (Effective until December 1, 2019) Each of the following, when done by an unemancipated minor who (i) is at least six years of age, (ii) is not yet 16 years of age, and (iii) has not been convicted of any crime in superior court, is contempt by a juvenile:

(1)        Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings.

(2)        Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority.

(3)        Willful disobedience of, resistance to, or interference with a court's lawful process, order, directive, or instruction or its execution.

(4)        Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified.

(5)        Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court.

(6)        Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A of the General Statutes, Granting of Immunity to Witnesses.

(7)        Willful communication with a juror in an improper attempt to influence the juror's deliberations.

(8)        Any other act or omission specified in another Chapter of the General Statutes as grounds for criminal contempt.

(a)        (Effective December 1, 2019) Each of the following, when done by an unemancipated minor who (i) is at least six years of age, (ii) is not yet 18 years of age, and (iii) has not been convicted of any crime in superior court, is contempt by a juvenile:

(1)        Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings.

(2)        Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority.

(3)        Willful disobedience of, resistance to, or interference with a court's lawful process, order, directive, or instruction or its execution.

(4)        Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified.

(5)        Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court.

(6)        Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A of the General Statutes, Granting of Immunity to Witnesses.

(7)        Willful communication with a juror in an improper attempt to influence the juror's deliberations.

(8)        Any other act or omission specified in another Chapter of the General Statutes as grounds for criminal contempt.

(b)        Contempt by a juvenile is direct contempt by a juvenile when each of the following conditions is met:

(1)        The act is committed within the sight or hearing of a presiding judicial official.

(2)        The act is committed in, or in the immediate proximity to, the room where proceedings are being held before the court.

(3)        The act is likely to interrupt or interfere with matters then before the court.

(c)        Contempt by a juvenile that is not direct contempt by a juvenile is indirect contempt by a juvenile.  (2007-168, s. 1; 2017-57, s. 16D.4(m).)

 

§ 5A-32.  Direct contempt by a juvenile.

(a)        A presiding judicial official may summarily impose measures in response to direct contempt by a juvenile when necessary to restore order or maintain the dignity and authority of the court and when the measures are imposed substantially contemporaneously with the contempt. Before imposing measures summarily, the judicial official shall do all of the following:

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

(2)        Appoint an attorney to represent the juvenile and allow time for the juvenile and attorney to confer.

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

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

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

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

(2)        That the juvenile perform up to 30 hours of supervised community service as arranged by a juvenile court counselor.

(3)        That the juvenile be required to undergo any evaluation necessary for the court to determine the needs of the juvenile.

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

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

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

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

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

 

§ 5A-33.  Indirect contempt by a juvenile.

Indirect contempt by a juvenile may be adjudged and sanctioned only pursuant to the procedures in Subchapter II of Chapter 7B of the General Statutes. (2007-168, s. 1.)

 

§ 5A-34.  When minor can be in contempt.

(a)        No act or omission by a minor younger than six years of age constitutes contempt.

(b)        The provisions of Article 1 and Article 2 of this Chapter apply to acts or omissions by a minor who:

(1)        (Repealed effective December 1, 2019) Is 16 years of age or older;

(2)        Is married or otherwise emancipated; or

(3)        Before the act or omission, was convicted in superior court of any criminal offense.  (2007-168, s. 1; 2017-57, s. 16D.4(n).)