North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0105 - CHAIRPERSON OF THE GRIEVANCE COMMITTEE: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The chairperson of the Grievance
				  Committee will have the power and duty
(1) to
				  supervise the activities of the counsel;
(2) to recommend to the Grievance Committee
				  that an investigation be initiated;
(3) to recommend to the Grievance Committee
				  that a grievance be dismissed;
(4)
				  to direct a letter of notice to a respondent or direct the counsel to issue
				  letters of notice in such cases or under such circumstances as the chairperson
				  deems appropriate;
(5) to issue, at
				  the direction and in the name of the Grievance Committee, a letter of caution,
				  letter of warning, an admonition, a reprimand, or a censure to a
				  member;
(6) to notify a respondent
				  that a grievance has been dismissed, and to notify the complainant in
				  accordance with Rule .0121 of this Subchapter;
(7) to call meetings of the Grievance
				  Committee;
(8) to issue subpoenas
				  in the name of the North Carolina State Bar or direct the secretary to issue
				  such subpoenas;
(9) to administer
				  or direct the administration of oaths or affirmations to witnesses;
(10) to sign complaints and petitions in the
				  name of the North Carolina State Bar;
(11) to determine whether proceedings should
				  be instituted to activate a suspension which has been stayed;
(12) to enter orders of reciprocal discipline
				  in the name of the Grievance Committee;
(13) to direct the counsel to institute
				  proceedings in the appropriate forum to determine if an attorney is in
				  violation of an order of the Grievance Committee, the commission, or the
				  council;
(14) to rule on requests
				  for reconsideration of decisions of the Grievance Committee regarding
				  grievances;
(15) to tax costs of
				  the disciplinary procedures against any defendant against whom the Grievance
				  Committee imposes discipline, including a minimum administrative cost of fifty
				  dollars ($50.00);
(16) to dismiss a
				  grievance upon request of the complainant, where it appears that there is no
				  probable cause to believe that the respondent has violated the Rules of
				  Professional Conduct and where counsel consents to the dismissal;
(17) to dismiss a grievance where it appears
				  that the grievance has not been filed within the time period set out in Rule
				  .0111(e);
(18) to dismiss a
				  grievance where it appears that the complaint, even if true, fails to state a
				  violation of the Revised Rules of Professional Conduct and where counsel
				  consents to the dismissal;
(19) to
				  dismiss a grievance where it appears that there is no probable cause to believe
				  that the respondent has violated the Revised Rules of Professional Conduct and
				  where counsel and a member of the Grievance Committee designated by the
				  committee consent to the dismissal;
(20) to appoint a subcommittee to make
				  recommendations to the council for such amendments to the Discipline and
				  Disability Rules as the subcommittee deems necessary or appropriate.