Dispelling Transfer Confusion: 10-Day Appeal Window, Orders for Arrest

My email continues to stay busy with confusion about juvenile cases, including questions about the status of a case during the time for appeal of an order transferring the case to superior court and the use of an indictment to trigger transfer of a juvenile matter to superior court. This blog will address three frequently asked questions (FAQs): (1) which court has jurisdiction over the case during the 10-day period for giving notice of an appeal, (2) what are the restrictions on recordkeeping during that 10-day period or while the superior court considers any appeal, and (3) may an order for arrest be generated when an indictment is returned in a matter that is under juvenile jurisdiction? 1. Which court, district or superior, has jurisdiction over the case during the 10-day period for giving notice of an appeal? The short answer is that the case is a criminal matter that is under the jurisdiction of the superior court during this 10-day period. Every juvenile has a right to appeal any order transferring jurisdiction of their juvenile matter to the superior court pursuant to G.S. 7B-2603(a). The juvenile has 10 days from entry of the order of transfer in district court to give notice of appeal. G.S. 7B-2603(a). If notice is not given with 10 days, the case proceeds as a superior court matter. If notice is given, the clerk must place the matter on the superior court docket and the superior court must review the record of the transfer hearing within [...]