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 .0120 - RECIPROCAL DISCIPLINE AND DISABILITY PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice
				  to Secretary - All members who have been disciplined in any state or federal
				  court for a violation of the Rules of Professional Conduct in effect in such
				  state or federal court or who have been transferred to disability inactive
				  status or its equivalent by any state of federal court will inform the
				  secretary of such action in writing no later than 30 days after entry of the
				  order of discipline or transfer to disability inactive status. Failure to make
				  the report required in this paragraph may subject the member to professional
				  discipline as set out in Rule 8.3 of the Revised Rules of Professional
				  Conduct.
(b) Administration of
				  Reciprocal Discipline - Except as provided in Paragraph (c) of this Rule which
				  applies to disciplinary proceedings in certain federal courts, reciprocal
				  discipline and disability proceedings will be administered as follows:
(1) Notice and Challenge - Upon receipt of a
				  certified copy of an order demonstrating that a member has been disciplined or
				  transferred to disability inactive status or its equivalent in another
				  jurisdiction, state or federal, the Grievance Committee will forthwith issue a
				  notice directed to the member containing a copy of the order from the other
				  jurisdiction and an order directing that the member inform the committee within
				  30 days from service of the notice of any claim by the member that the
				  imposition of the identical discipline or an order transferring the member to
				  disability inactive status in this state would be unwarranted and the reasons
				  therefor. This notice is to be served on the member in accordance with the
				  provisions of Rule 4 of the North Carolina Rules of Civil Procedure.
(2) Effect of Stay - If the discipline or
				  transfer order imposed in the other jurisdiction has been stayed, any
				  reciprocal discipline or transfer to disability inactive status imposed in this
				  state will be deferred until such stay expires.
(3) Imposition of Discipline - Upon the
				  expiration of 30 days from service of the notice issued pursuant to the
				  provisions of Rule .0120(b)(1) above, the chairperson of the Grievance
				  Committee will impose the identical discipline or enter an order transferring
				  the member to disability inactive status unless the Grievance Committee
				  concludes:
(A) that the procedure was so
				  lacking in notice or opportunity to be heard as to constitute a deprivation of
				  due process; or
(B) there was such
				  an infirmity of proof establishing the misconduct as to give rise to the clear
				  conviction that the Grievance Committee could not, consistent with its duty,
				  accept as final the conclusion on that subject; or
(C) that the imposition of the same
				  discipline would result in grave injustice; or
(D) that the misconduct established warrants
				  substantially different discipline in this state; or
(E) that the reason for the original transfer
				  to disability inactive status no longer exists.
(4) Dismissal - Where the Grievance Committee
				  determines that any of the elements listed in Rule .0120(b)(3) above exist, the
				  committee will dismiss the case or direct that a complaint be filed.
(5) Effect of Final Adjudication in Another
				  Jurisdiction - If the elements listed in Rule .0120(b)(3) above are found not
				  to exist, a final adjudication in another jurisdiction that an attorney has
				  been guilty of misconduct or should be transferred to disability inactive
				  status will establish the misconduct or disability for purposes of reciprocal
				  discipline or disability proceedings in this state.