While 90% of civil contempt appeals happen in child support cases, the staff in the Office of the Parent Defender (OPD) handle ALL civil contempt appeals for indigent clients. Just as the Office of the Appellate Defender handles all criminal appeals, appeals of civil contempt go to OPD.
Whether the contempt arises in a divorce, contested will, estate settlement, child support, or any other civil matter, civil contempt appeals will be handled by OPD if your client is indigent.
The two steps appointed counsel should take:
- File a notice of appeal, and
- Notify the Office of the Parent Defender
In any legal proceeding, a judge may find that a party is in contempt of court.
“[C]ontempt in this jurisdiction may be of two kinds, civil or criminal[.] Criminal contempt is generally applied where the judgment is in punishment of an act already accomplished, tending to interfere with the administration of justice. Civil contempt is a term applied where the proceeding is had to preserve the rights of private parties and to compel obedience to orders and decrees made for the benefit of such parties.”
Hardy v. Hardy, 270 N.C. App. 687, 690, 842 S.E.2d 148, 151 (2020).
“A person found in civil contempt may appeal in the manner provided for appeals in civil actions.” N.C. Gen. Stat. § 5A-24.
If your client has been found in civil contempt and, after consulting with you, he/she decides to appeal, then your scope of representation would include the filing of a timely notice of appeal.
The Office of the Parent Defender (OPD) represents all indigent civil contemnors on appeal. To ensure that OPD may promptly staff any new civil contempt appeal, once you file the notice of appeal for the client, you must also immediately notify OPD of the new appeal.
To do so, send an email to [email protected] that lists: (1) the case name, (2) the case number, (3) the county, and (4) the date you filed the notice of appeal.
NOTE: This requirement applies to all counties, regardless of whether the notice of appeal was filed in eCourts. The eCourts system does not automatically provide OPD with notice of new civil contempt appeals.
If you represent a client and they are found in civil contempt of court and your client has been deemed indigent, as defense counsel, you are obligated to assist your client by filing a notice of appeal if they wish to appeal.
- File the notice of appeal after entry of the written order.
- Notify the Office of the Parent Defender.
You do not represent the client on the civil contempt appeal.
For more information about civil contempt appeals, please refer to this blog posts from “On the Civil Side.”
The Office of the Parent Defender can be reached at 919-354-7230.