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 .0102 - PROCEDURE FOR DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  procedure to discipline members of the bar of this state will be in accordance
				  with the provisions hereinafter set forth.
(b) District bars will not conduct separate
				  proceedings to discipline members of the bar but will assist and cooperate with
				  the North Carolina State Bar in reporting and investigating matters of alleged
				  misconduct on the part of its members.
(c) Concurrent Jurisdiction of State Bar and
				  Courts:
(1) The Council of the North Carolina
				  State Bar is vested, as an agency of the state, with the control of the
				  discipline, disbarment, and restoration of attorneys practicing law in this
				  state.
(2) The courts of this state
				  have inherent authority to take disciplinary action against attorneys
				  practicing therein, even in relation to matters not pending in the court
				  exercising disciplinary authority.
(3) The authority of the North Carolina State
				  Bar and the courts to discipline attorneys is separate and distinct, the North
				  Carolina State Bar having derived its jurisdiction by legislative act and the
				  courts from the inherent power of the courts themselves.
(4) Neither the North Carolina State Bar nor
				  the courts are authorized or empowered to act for or in the name of the other,
				  and the disciplinary action taken by either entity should be clearly delineated
				  as to the source or basis for the action being taken.
(5) It is the position of the North Carolina
				  State Bar that no trial court has the authority to preempt a North Carolina
				  State Bar disciplinary proceeding with a pending civil or criminal court
				  proceeding involving attorney conduct, or to dismiss a disciplinary proceeding
				  pending before the North Carolina State Bar.
(6) Whenever the North Carolina State Bar
				  learns that a court has initiated an inquiry or proceeding regarding alleged
				  improper or unethical conduct of an attorney, the North Carolina State Bar may
				  defer to the court and stay its own proceeding pending completion of the
				  court's inquiry or proceeding. Upon request, the North Carolina State Bar will
				  assist in the court's inquiry or proceeding.
(7) If the North Carolina State Bar finds
				  probable cause and institutes disciplinary proceedings against an attorney for
				  conduct which subsequently becomes an issue in a criminal or civil proceeding,
				  the court may, in its discretion, defer its inquiry pending the completion of
				  the North Carolina State Bar's proceedings.
(8) Upon the filing of a complaint by the
				  North Carolina State Bar, the North Carolina State Bar will send a copy of the
				  complaint to the chief resident superior court judge and to all superior court
				  judges regularly assigned to the district in which the attorney maintains his
				  or her law office. The North Carolina State Bar will send a copy of the
				  complaint to the district attorney in the district in which the attorney
				  maintains a law office if the complaint alleges criminal activity by the
				  attorney.
(9) The North Carolina
				  State Bar will encourage judges to contact the North Carolina State Bar to
				  determine the status of any relevant complaints filed against an attorney
				  before the court takes disciplinary action against the attorney.