14-230. Willfully failing to discharge duties.
(a) If any clerk of any court of record, sheriff, magistrate, school board member, county commissioner, county surveyor, coroner, treasurer, or official of any of the State institutions, or of any county, city or town, shall willfully omit, neglect or refuse to discharge any of the duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class 1 misdemeanor. If it shall be proved that such officer, after his qualification, willfully and corruptly omitted, neglected or refused to discharge any of the duties of his office, or willfully and corruptly violated his oath of office according to the true intent and meaning thereof, such officer shall be guilty of misbehavior in office, and shall be punished by removal therefrom under the sentence of the court as a part of the punishment for the offense.
(b) No magistrate recusing in accordance with G.S. 51-5.5 may be charged under this section for recusal to perform marriages in accordance with Chapter 51 of the General Statutes. (1901, c. 270, s. 2; Rev., s. 3592; C.S., s. 4384; 1943, c. 347; 1973, c. 108, s. 5; 1993, c. 539, s. 142; 1994, Ex. Sess., c. 24, s. 14(c); 2009-107, s. 1; 2015-75, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 31 - Misconduct in Public Office.
§ 14-228 - Buying and selling offices.
§ 14-229 - Acting as officer before qualifying as such.
§ 14-230 - Willfully failing to discharge duties.
§ 14-231 - Failing to make reports and discharge other duties.
§ 14-232 - Swearing falsely to official reports.
§ 14-233 - Making of false report by bank examiners; accepting bribes.
§ 14-234 - Public officers or employees benefiting from public contracts; exceptions.
§ 14-234.1 - Misuse of confidential information.
§ 14-234.2 - Public officers or employees financially benefiting from public position.
§ 14-238 - Soliciting during school hours without permission of school head.
§ 14-239 - Allowing prisoners to escape; punishment[Effective until January 1, 2023]
§ 14-240 - District attorney to prosecute officer for escape.
§ 14-241 - Disposing of public documents or refusing to deliver them over to successor.
§ 14-242 - Failing to return process or making false return.
§ 14-243 - Failing to surrender tax list for inspection and correction.
§ 14-244 - Failing to file report of fines or penalties.
§ 14-246 - Failure of ex-magistrate to turn over books, papers and money.
§ 14-247 - Private use of publicly owned vehicle.
§ 14-248 - Obtaining repairs and supplies for private vehicle at expense of State.
§ 14-251 - Violation made misdemeanor.
§ 14-252 - Five preceding sections applicable to cities and towns.