State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2603

§ 7B‑2603.  Right toappeal transfer decision.

(a)        NotwithstandingG.S. 7B‑2602, any order transferring jurisdiction of the district courtin a juvenile matter to the superior court may be appealed to the superiorcourt for a hearing on the record. Notice of the appeal must be given in opencourt or in writing within 10 days after entry of the order of transfer indistrict court.  Entry of an order shall be treated in the same manner as entryof a judgment under G.S. 1A‑1, Rule 58 of the North Carolina Rules ofCivil Procedure. The clerk of superior court shall provide the districtattorney with a copy of any written notice of appeal filed by the attorney forthe juvenile. Upon expiration of the 10 day period in which an appeal may beentered, if an appeal has been entered and not withdrawn, the clerk shalltransfer the case to the superior court docket. The superior court shall,within a reasonable time, review the record of the transfer hearing for abuseof discretion by the juvenile court in the issue of transfer. The superiorcourt shall not review the findings as to probable cause for the underlyingoffense.

(b)        Once an order oftransfer has been entered by the district court, the juvenile has the right tobe considered for pretrial release as provided in G.S. 15A‑533 and G.S.15A‑534. The release order shall specify the person or persons to whomthe juvenile may be released. Pending release, the court shall order that thejuvenile be detained in a detention facility while awaiting trial. The courtmay order the juvenile to be held in a holdover facility as defined by G.S. 7B‑1501at any time the presence of the juvenile is required in court for pretrialhearings or trial, if the court finds that it would be inconvenient to returnthe juvenile to the detention facility.

(c)        If an appeal of thetransfer order is taken, the superior court shall enter an order either (i)remanding the case to the juvenile court for adjudication or (ii) upholding thetransfer order. If the superior court remands the case to juvenile court foradjudication and the juvenile has been granted pretrial release provided in G.S15A‑533 and G.S. 15A‑534, the obligor shall be released from thejuvenile's bond upon the district court's review of whether the juvenile shallbe placed in secure or nonsecure custody as provided in G.S. 7B‑1903.

(d)        The superior courtorder shall be an interlocutory order, and the issue of transfer may beappealed to the Court of Appeals only after the juvenile has been convicted insuperior court. (1979, c. 815, s. 1; 1998‑202, s. 6; 1999‑309,s. 2; 1999‑423, s. 2.)