State v. Aspiote and Contempt Proceedings Against a Person Who Appears Impaired in Court

In State v. Aspiote, ___ N.C. App. ___ (May 21, 2025), the North Carolina Court of Appeals determined that the trial court erred in holding a defendant in direct criminal contempt for appearing in court to plead guilty with impairing substances in his system. This post will review the circumstances that led to the contempt finding in Aspiote and the Court of Appeals’ analysis of why the trial court erred and will consider a trial court's authority to hold a person in contempt for appearing in court while impaired. The facts. The defendant in Aspiote appeared in court to enter a guilty plea for uttering a forged instrument and identity theft. During the plea colloquy, the defendant answered “yes” when the judge asked if he was “now using or consuming alcohol, drugs, narcotics, medicines, pills, or any other substance.” Slip op. at 2. The defendant said he had used such a substance first thing that morning, that he knew how the substance he used affected his body, that he believed his mind was clear, and he understood the nature of the hearing.  The trial court did not ask the defendant to identify the substance he had used, and the defendant did not volunteer that information. The trial court then heard the prosecutor’s statement of the factual basis for the charges and heard from the victim of the theft, who made a lengthy statement in which she described the defendant as a drug addict. The trial court then announced that he would [...]