G.S. 15A-943(b), State v. Shook, and the Requirement That Arraignment Not Occur the Week of Trial: Part I, Arraignment and Its Significance
It’s the day of trial in superior court and final motions and notices are being exchanged before the jury pool comes in. Amidst the sharing of witness lists, motions to sequester, and motions in limine, an issue comes up. Has the defendant been arraigned?
Different judicial districts have different approaches to calendaring arraignments. In some jurisdictions, arraignment occurs contemporaneously with the final administrative setting in superior court. On this date, the defendant either accepts or rejects the plea offer. If the defendant rejects it, arraignment occurs and the defendant pleads not guilty and receives a trial date. See G.S. 7A-49.4(b). In some jurisdictions, arraignment is decoupled from the final administrative setting and scheduled for a separate date. Regardless of the way arraignment is generally scheduled, if the procedure is overlooked, the parties may find themselves on the eve of trial without formal arraignment having occurred.
G.S. 15A-943(b) states that a defendant “may not be tried without his consent in the week in which he is arraigned” (in counties with 20 or more weeks of criminal trial sessions per year). See G.S. 15A-943(a), (b). This two-part blog addresses this requirement and how our appellate courts have interpreted it. Part I discusses what arraignment is and its procedural significance. Part II addresses the question of what happens if arraignment is overlooked until the week of trial.
What is arraignment?
First, it is helpful to understand what arraignment is before discussing its significance and the consequences that may arise from neglecting it. Per G.S. 15A-941(a), arraignment is defined as the process of “bringing a defendant before a judge having jurisdiction to try the offense, advising him of the charges pending against him, and directing him to plead.”
Notably, “arraignment” does not mean the same thing in North Carolina as it does in other states. In North Carolina, the statutes governing arraignment, G.S. 15A-941 through -945, refer to superior court as the location where arraignment occurs. See G.S. 15A-941(d); 15A-943(a). The statute requires that arraignment occur “before a judge having jurisdiction to try the offense,” and jurisdiction to try a felony or misdemeanor appeal lies in superior court. See G.S. 7A-271, 272. Practically speaking, this means that arraignment on a felony occurs much later in the pendency of the case as compared to other states, where arraignment happens at first appearance, often within 24 to 96 hours of arrest. See, e.g., Mass. R. Crim. P. 7; Or. Rev. Stat. § 135.010; N.H. Rev. Stat. Ann. § 594:20-a. In some states, arraignment does not occur until indictment, but still occurs relatively early as compared to North Carolina. See, e.g., O.C.G.A. § 17-7-91; Tex. Code Crim. Proc. Art. 26. Some states have one arraignment at first appearance and another more formal arraignment after a felony is indicted. See, e.g., N.Y. Crim. Proc. Law § 140.20 (arraignment at first court appearance); N.Y. Crim. Proc. Law § 210.15 (arraignment upon indictment). In the states noted above, arraignment still generally involves reading the charges to the defendant and the entry of a plea of guilty or not guilty, but the significance of arraignment is very different because plea negotiations have not generally begun before arraignment occurs. Though a plea of “not guilty” in a high-profile case may make national headlines, it is often a formality in states where it is conducted as part of a routine first appearance. It may have little bearing on whether the case will ultimately proceed to trial. In contrast, in North Carolina, arraignment often signifies the conclusion of plea negotiations in superior court: a critical juncture at which one of two things happens: 1) the defendant accepts a plea offer, pleads guilty, and resolves the matter, or 2) the defendant rejects the plea offer, pleads not guilty, and in doing so sets the matter on course for a jury trial.
Why else is arraignment significant?
Arraignment in North Carolina also may determine the deadline for certain pretrial motions. Under G.S. 15A-952(b) and (c), the deadlines for certain motions including venue-related motions, motions for a bill of particulars, and motions for joinder or severance may be tied to arraignment. If a written request for arraignment is filed, the defense has until arraignment to make the motions (assuming arraignment is scheduled before the trial week). See G.S. 15A-952(c). However, if a written request for arraignment is not made within 21 days of service of the indictment, then the right to arraignment is lost, see G.S. 15A-941(d), and the motions listed in G.S. 15A-952(b) must be filed within 21 days of the return of the indictment or risk being waived. See G.S. 15A-952(c).
Arraignment also has some procedural significance, albeit less commonly, when it comes to the timing for the defense to give notice of intent to waive a jury trial, see G.S. 15A-1201(c), and for the state to give notice of intent to seek the death penalty in capital cases, see G.S. 15A-2004(b).
Although this post focuses on the import of arraignment in superior court, arraignment also occurs in district court on misdemeanors, though its procedural significance appears to be minor. See G.S. 15A-922(d), (e) (timing of filing of statement of charges); G.S. 15A-953 (timing of motions). At one point, arraignment in district court had significance as the point at which jeopardy attaches for double jeopardy purposes. See State v. Coats, 17 N.C. App. 407 (1973); State v. Lee, 51 N.C. App. 344 (1981). However, this is no longer the rule, as the North Carolina Supreme Court held in State v. Brunson, 327 N.C. 244 (1990), that jeopardy attaches in a non-jury trial when the court begins to hear evidence. Arraignment in misdemeanor cases also occurs relatively late in the life of the case in North Carolina as compared to other states, as arraignment usually happens just before a guilty plea or district court trial.
This blog has set forth the basics of what arraignment is as well as how it relates to other procedural aspects of a criminal case. In Part II, I will explore what happens when arraignment is overlooked until the week of trial.
