§ 7B-2054. Responsibilities of judicial officials.

266 words·~1 min read·/nc/chapter-7b/7b-2054

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In any court proceeding subject to this Article in which the victim may be present, the court shall inquire as to whether a victim is present and wishes to be heard and, if so, shall grant the victim an opportunity to be reasonably heard. The right to be reasonably heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement, or submission of an audio or video statement.

(b)In the event that an entire hearing has been closed to the victim by the court, the victim shall have the opportunity to be heard by the court regarding the right to be present, if the court has not previously provided this opportunity to the victim.

(c)A judge notified by the clerk of court that a victim has filed a motion alleging a violation of the rights provided in this Article shall review the motion. The judge involved in the proceeding that gave rise to the rights in question may, on the judge's own motion, recuse himself or herself if justice requires it, and report the recusal to the Administrative Office of the Courts. The judge, or a judge appointed by the Administrative Office of the Courts in the event of recusal, shall dispose of the motion or set the motion for hearing as required by G.S. 7B-2058.

(d)The court shall make every effort to provide a secure waiting area during court proceedings that does not place the victim in close proximity to the juvenile or the juvenile's family. (2019-216, s. 10.)