reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0200 - MEMBERSHIP ANNUAL MEMBERSHIP FEES › Section 01A .0204 - GOOD STANDING DEFINITION AND CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Definition. A lawyer who is an active member of the North Carolina State Bar
				  and who is not subject to a pending administrative or disciplinary suspension
				  or disbarment order or an order of suspension that has been stayed is in good
				  standing with the North Carolina State Bar. An administrative or disciplinary
				  suspension or disbarment order is "pending" if the order has been announced in
				  open court by a state court of competent jurisdiction or by the Disciplinary
				  Hearing Commission, or if the order has been entered by a state court of
				  competent jurisdiction, by the Council or by the Disciplinary Hearing
				  Commission but has not taken effect. "Good standing" makes no reference to
				  delinquent membership obligations, prior discipline, or any disciplinary
				  charges or grievances that may be pending.
(b) Certificate of Good Standing for Active
				  Member. Upon application and payment of the prescribed fee, the Secretary of
				  the North Carolina State Bar shall issue a certificate of good standing to any
				  active member of the State Bar who is in good standing and who is current on
				  all payments owed to the North Carolina State Bar. A certificate of good
				  standing will not be issued unless the member pays any delinquency shown on the
				  financial records of the North Carolina State Bar including outstanding
				  judicial district bar dues. If the member contends that there is good cause for
				  non-payment of some or all of the amount owed, the member may subsequently
				  demonstrate good cause to the Administrative Committee pursuant to the
				  procedure set forth in Rule .0903(e)(1) of Subchapter 01D of these rules. If
				  the member shows good cause, the contested amount shall be refunded to the
				  member.
(c) Certificate of Good
				  Standing for Inactive Member. Upon application, the Secretary of the North
				  Carolina State Bar shall issue a certificate of good standing to any inactive
				  member of the State Bar who was in good standing at the time that the member
				  was granted inactive status and who is not subject to any disciplinary order or
				  pending disciplinary order. The certificate shall state that the member is
				  inactive and is ineligible to practice law in North Carolina.
Authority
					 G.S.
					 84-23;
Eff. March 8,
					 2012.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0300 - PERMANENT RELINQUISHMENT OF MEMBERSHIP IN THE STATE BAR › Section 01A .0301 - EFFECT OF RELINQUISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Order of Relinquishment. Pursuant to the authority of the council to resolve
				  questions pertaining to membership status as specified in N.C. Gen. Stat.
				  84-23, the council may allow a member of the State Bar to relinquish his or her
				  membership in the State Bar subject to the conditions set forth in this
				  section. Upon the satisfaction of those conditions, the council may enter an
				  order declaring that the individual is no longer a member of the State Bar and
				  no longer has the privileges of membership set forth in N.C. Gen. Stat. 84-16
				  and in the rules of the State Bar.
(b) Requirements to Return to Practice of
				  Law. If an individual who has been granted relinquishment of membership desires
				  to return to the practice of law in the state of North Carolina, he or she must
				  apply to the North Carolina Board of Law Examiners and satisfy all of the
				  requirements to obtain a license to practice law in the state of North Carolina
				  as if for the first time.
(c)
				  Prohibition on Representations. Effective upon the date of the order of
				  relinquishment, the former licensee is prohibited from representing that he or
				  she is
(1) a lawyer in North
				  Carolina,
(2) licensed to practice
				  law in North Carolina,
(3) able to
				  provide legal services in North Carolina, or
(4) a member of the North Carolina State
				  Bar.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0300 - PERMANENT RELINQUISHMENT OF MEMBERSHIP IN THE STATE BAR › Section 01A .0302 - CONDITIONS FOR RELINQUISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A member of the State Bar may petition the council to enter
					 an order of relinquishment. An order of relinquishment shall be granted if the
					 petition demonstrates that the following conditions have been satisfied:
(a) Unresolved Complaints. No open,
				  unresolved allegations of professional misconduct are pending against the
				  petitioner in any jurisdiction.
(b)
				  No Financial Obligation to State Bar. The petitioner has paid all membership
				  fees, Client Security Fund assessments, late fees, and costs assessed by the
				  North Carolina State Bar or the Disciplinary Hearing Commission, and all fees,
				  fines, and penalties owed to the Board of Continuing Legal Education.
(c) Wind Down of Law Practice. The petitioner
				  has completed the wind down of his or her law practice in compliance with the
				  procedure for winding down the law practice of a suspended or disbarred lawyer
				  set forth in paragraphs (a), (b), and (e) of Rule .0128 of Subchapter 1B and
				  with any other condition on the wind down of a law practice imposed by state,
				  federal, and administrative law. The petition must describe the wind down of
				  the law practice with specificity.
(d) Acknowledgment. The petitioner
				  acknowledges the following: the State Bar's authority to take the actions
				  described in Rule .0303 of this section; that the sole mechanism for regaining
				  active membership status with the State Bar is to apply to the North Carolina
				  Board of Law Examiners for admission and to satisfy all of the requirements to
				  obtain a license to practice law in the state of North Carolina as if for the
				  first time; and that he or she is not entitled to confidentiality under Rule
				  .0133of Subchapter 1B of any information relating to professional misconduct
				  received by the State Bar after the date of the entry of the order of
				  relinquishment.
(e) Address. The
				  petition includes a physical address at which the State Bar can communicate
				  with the petitioner.
(f) Notarized
				  Petition. The petition is signed in the presence of a notary and
				  notarized.
Authority
					 G.S.
					 84-23;
Adopted by the Supreme
					 Court September 24, 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0300 - PERMANENT RELINQUISHMENT OF MEMBERSHIP IN THE STATE BAR › Section 01A .0303 - ALLEGATIONS OF MISCONDUCT RECEIVED BY THE STATE BAR ON OR AFTER THE DATE OF RELINQUISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Post Relinquishment Action by State Bar. Relinquishment is not a bar to the
				  initiation or investigation of allegations of professional misconduct and shall
				  not prevent the State Bar from prosecuting a disciplinary action against the
				  former licensee for any violation of the Rules of Professional Conduct that
				  occurred prior to the date of the order of relinquishment.
(b) Procedure for Investigation. Allegations
				  of misconduct shall be investigated pursuant to the procedures set forth in
				  Section .0100 of Subchapter 1B.
(c)
				  Release of Information from Investigation. Information from the investigation
				  of allegations of misconduct shall be retained in the State Bar's records and
				  may be released by the State Bar as required by law or as necessary to protect
				  the interests of the public. Release may be made to, but is not limited to, the
				  North Carolina Board of Law Examiners, any professional licensing authority, or
				  any law enforcement or regulatory body investigating the former
				  licensee.
Authority
					 G.S.
					 84-23;
Adopted Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0300 - PERMANENT RELINQUISHMENT OF MEMBERSHIP IN THE STATE BAR › Section 01A .0304 - ELECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  president-elect, vice-president and secretary shall be elected annually by the
				  council at an election to take place at the council meeting held during the
				  annual meeting of the North Carolina State Bar. All elections will be conducted
				  by secret ballot.
(b) If there are
				  more than two candidates for an office, then any candidate receiving a majority
				  of the votes shall be elected. If no candidate receives a majority, then a
				  run-off shall be held between the two candidates receiving the highest number
				  of votes.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0300 - PERMANENT RELINQUISHMENT OF MEMBERSHIP IN THE STATE BAR › Section 01A .0305 - NOMINATING COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There
				  shall be a Nominating Committee appointed to nominate one or more candidates
				  for each of the offices. The Nominating Committee shall be composed of the
				  immediate past president and the five most recent living past presidents who
				  are in good standing with the North Carolina State Bar. The Nominating
				  Committee shall meet prior to the council meeting at which the election of
				  officers will be held. The Nominating Committee shall submit its nominations in
				  writing to the secretary at least 45 days prior to the election, and the
				  secretary shall transmit the report by mail to the members of the council at
				  least 30 days prior to the election.
(b) At the council meeting at which elections
				  are held, the floor shall be open for additional nominations for each office at
				  the time of the election.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0300 - PERMANENT RELINQUISHMENT OF MEMBERSHIP IN THE STATE BAR › Section 01A .0306 - VACANCIES AND SUCCESSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the
				  office of president becomes vacant for any reason, including resignation,
				  death, disqualification, or permanent inability, the president-elect shall
				  become president for the unexpired term and the next term. If the office of the
				  president-elect becomes vacant because the president-elect must assume the
				  presidency under the foregoing provision of this section, then the
				  vice-president shall become the president-elect for the unexpired term and at
				  the end of the unexpired term to which the vice-president ascended the office
				  will become vacant and an election held in accordance with Rule .0304 of this
				  Section; if the office of president-elect becomes vacant for any other reason,
				  the vice-president shall become the president-elect for the unexpired term
				  following which said officer shall assume the presidency as if elected
				  president-elect. If the office of vice-president or secretary becomes vacant
				  for any reason, including resignation, death, disqualification, or permanent
				  inability, or if the office of president or president-elect becomes vacant
				  without an available successor under these provisions then the office will be
				  filled by election by the council at a special meeting of the council with such
				  notice as required by Rule .0602 of this Subchapter or at the next regularly
				  scheduled meeting of the council.
(b) If the president is absent or unable to
				  preside at any meeting of the North Carolina State Bar or the council, the
				  president-elect shall preside, or if the president-elect is unavailable, then
				  the vice-president shall preside. If none are available, then the council shall
				  elect a member to preside during the meeting.
(c) If the president is absent from the state
				  or for any reason is temporarily unable to perform the duties of office, the
				  president-elect shall assume those duties until the president returns or
				  becomes able to resume the duties. If the president-elect is unable to perform
				  the duties, then the council may select one of its members to assume the duties
				  for the period of inability.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0300 - PERMANENT RELINQUISHMENT OF MEMBERSHIP IN THE STATE BAR › Section 01A .0307 - REMOVAL FROM OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
The council may, upon giving due notice and an opportunity
					 to be heard, remove from office any officer found by the council to have a
					 disability or to have engaged in misconduct including misconduct not related to
					 the office.
Authority
					 G.S.
					 84-21;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. February 3,
					 2000.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0401 - OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The officers of
				  the North Carolina State Bar and the council shall consist of a president, a
				  president-elect, a vice-president, and an immediate past president. These
				  officers shall be deemed members of the council in a respects.
(b) There shall be a secretary who shall also
				  have the title of executive director. The secretary shall not be a member of
				  the council.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0402 - ELIGIBILITY FOR OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
The president, president-elect, and vice-president need not
					 be members of the council at the time of their election.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0403 - TERM OF OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The term of
				  each office shall be one year beginning at the conclusion of the annual
				  meeting. Each officer will hold office until a successor is elected and
				  qualified.
(b) The president shall
				  assume the office of immediate past president at the conclusion of the term as
				  president. The president-elect shall assume the office of president at the
				  conclusion of the annual meeting following the term as
				  president-elect.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0404 - ELECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  president-elect, vice-president and secretary shall be elected annually by the
				  council at an election to take place at the council meeting held during the
				  annual meeting of the North Carolina State Bar. All elections will be conducted
				  by secret ballot.
(b) If there are
				  more than two candidates for an office, then any candidate receiving a majority
				  of the votes shall be elected. If no candidate receives a majority, then a
				  run-off shall be held between the two candidates receiving the highest number
				  of votes.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0405 - NOMINATING COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There
				  shall be a Nominating Committee appointed to nominate one or more candidates
				  for each of the offices. The Nominating Committee shall be composed of the
				  immediate past president and the five most recent living past presidents who
				  are in good standing with the North Carolina State Bar. The Nominating
				  Committee shall meet prior to the council meeting at which the election of
				  officers will be held. The Nominating Committee shall submit its nominations in
				  writing to the secretary at least 45 days prior to the election, and the
				  secretary shall transmit the report by mail to the members of the council at
				  least 30 days prior to the election.
(b) At the council meeting at which elections
				  are held, the floor shall be open for additional nominations for each office at
				  the time of the election.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0406 - VACANCIES AND SUCCESSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Succession Upon Mid-term Vacancy in Office. Officer vacancies shall be filled
				  as follows:
(1) A vacancy in the office of
				  president shall be filled by the president-elect, who shall serve as president
				  for the unexpired term and for the next term.
(2) A vacancy in the office of
				  president-elect shall be filled by the vice-president, who shall serve as
				  president-elect for the unexpired term. At the end of the unexpired term, the
				  office of president-elect will become vacant and the council shall elect a
				  president-elect in accordance with Rule .0404 of this subchapter. A former
				  vice-president who served an unexpired term as president-elect pursuant to this
				  subsection will be eligible to stand for election as president-elect.
(3) The council shall elect a person to fill
				  the unexpired term created by any vacancy in the office of vice-president or
				  secretary. The election shall occur at a special meeting of the council or at
				  the next regularly scheduled meeting of the council.
(4) If there is a vacancy in the office of
				  president or president-elect and there is no available successor under these
				  provisions, the council shall elect a person to fill the unexpired term created
				  by such vacancy. The election shall occur at a special meeting of the council
				  or at the next regularly scheduled meeting of the council.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0407 - REMOVAL FROM OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
The council may, upon giving due notice and an opportunity
					 to be heard, remove from office any officer found by the council to have a
					 disability or to have engaged in misconduct including misconduct not related to
					 the office.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0408 - COMPENSATION OF OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
The secretary shall receive a salary fixed by the council.
					 All other officers shall serve without compensation except the per diem
					 allowances fixed by stature for members of the council.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0409 - PRESIDENT

Current through Register Vol. 39, No. 2, July 15, 2024
The president shall preside over meetings of the North
					 Carolina State Bar and the council. The president shall sign all resolutions
					 and orders of the council in the capacity of president. The president shall
					 execute, along with the secretary, all contracts ordered by the council.
					 Pursuant to Rule .0412, the president is authorized to act in the name of the
					 State Bar under emergent circumstances. The president will perform all other
					 duties prescribed for the office by the council.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amendments Approved by the Supreme Court: September 24, 2015;
					 September 25, 2019.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0410 - PRESIDENT-ELECT, VICE-PRESIDENT, AND IMMEDIATE PAST PRESIDENT

Current through Register Vol. 39, No. 2, July 15, 2024
The president-elect, vice-president, and immediate past
					 president will perform all duties prescribed for the office by the
					 council.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0411 - SECRETARY

Current through Register Vol. 39, No. 2, July 15, 2024
The secretary shall attend all meetings of the council and
					 of the North Carolina State Bar, and shall record the proceedings of all such
					 meetings. The secretary shall, with the president, president-elect or
					 vice-president, execute all contracts ordered by the council. He or she shall
					 have custody of the seal of the North Carolina State Bar, and shall affix it to
					 all documents executed on behalf of the council or certified as emanating from
					 the council. The secretary shall take charge of all funds paid into the North
					 Carolina State Bar and deposit them in some bank selected by the council; he or
					 she shall cause books of accounts to be kept, which shall be the property of
					 the North Carolina State Bar and which shall be open to the inspection of any
					 officer, committee or member of the North Carolina State Bar during usual
					 business hours. At each January meeting of the council, the secretary shall
					 make a full report of receipts and disbursements since the previous annual
					 report, together with a list of all outstanding obligations of the North
					 Carolina State Bar. The books of accounts shall be audited as of December 31 of
					 each year and the secretary shall publish same in the annual reports as
					 referred to above. He or she shall perform such other duties as may be imposed
					 upon him or her, and shall give bond for the faithful performance of his or her
					 duties in an amount to be fixed by the council with surety to be approved by
					 the council.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. September 24,
					 2015.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0400 - ELECTION, SUCCESSION, AND DUTIES OF OFFICERS › Section 01A .0412 - EMERGENCY AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
When prompt action is required due to emergent
					 circumstances and it is not practicable or reasonable to assemble a quorum of
					 the council, the president, in consultation with the officers and counsel, is
					 authorized to act in the name of the State Bar to the extent necessary to carry
					 out the functions of the State Bar until the next meeting of the council.
					 Action taken pursuant to this rule shall be presented to the council for
					 ratification at the next council meeting.
Authority
					 G.S.
					 84-23;
Adopted Eff. September 25,
					 2019.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0500 - MEETINGS OF THE NORTH CAROLINA STATE BAR › Section 01A .0501 - ANNUAL MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
The annual meeting of the North Carolina State Bar shall be
					 held at such time and place within the state of North Carolina as the council
					 may determine.
Authority
					 G.S.
					 84-23;
Readopted Effective
					 December 8, 1994;
Amendments Approved by the Supreme Court: April
					 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0500 - MEETINGS OF THE NORTH CAROLINA STATE BAR › Section 01A .0502 - SPECIAL MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  special meeting of the North Carolina State Bar may be called to address
				  specific subjects as follows:
(1) upon
				  direction of the council; or
(2)
				  upon delivery to the secretary of a written request by no fewer than 25% of the
				  active members of the North Carolina State Bar setting forth the subject(s) to
				  be addressed.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0500 - MEETINGS OF THE NORTH CAROLINA STATE BAR › Section 01A .0503 - NOTICE OF MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice
				  of any meeting of the North Carolina State Bar shall be given by the secretary
				  by posting a notice at the State Bar headquarters and on the State Bar website
				  or as otherwise directed by the council. Notice shall also be provided as
				  required by N.C. Gen. Stat. §
										143-318.12 and by any other
				  statutory provision regulating notice of public meetings of agencies of the
				  state.
(b) Notice of the annual
				  meeting will be given at least 30 days before the meeting. Notice of any
				  special meeting will be given at least 48 hours before the meeting or as
				  otherwise required by law.
Authority
					 G.S.
					 84-23;
					 84-33;
Readopted
					 Effective December 8, 1994;
Amendments Approved by the Supreme
					 Court: April 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0500 - MEETINGS OF THE NORTH CAROLINA STATE BAR › Section 01A .0504 - QUORUM

Current through Register Vol. 39, No. 2, July 15, 2024
At any annual or special meetings of the North Carolina
					 State Bar those active members of the North Carolina State Bar present shall
					 constitute a quorum. There shall be no voting by proxy or by absentee
					 ballot.
Authority
					 G.S.
					 84-23;
					 84-33;
Readopted
					 Effective December 8, 1994;
Amendments Approved by the Supreme
					 Court: April 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0500 - MEETINGS OF THE NORTH CAROLINA STATE BAR › Section 01A .0505 - PARLIAMENTARY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Proceedings at any meeting of the North Carolina State Bar
					 shall be governed by Roberts' Rules of Order.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0600 - MEETINGS OF THE COUNCIL › Section 01A .0601 - REGULAR MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Regular meetings of the council shall be held each year in
					 January, April, and July, at such times and places as the council may
					 determine. A regular meeting of the council shall also be held each year in
					 conjunction with the annual meeting of the North Carolina State Bar at the
					 location of the annual meeting. Any regular meeting may be adjourned from time
					 to time as a majority of members of the council present may
					 determine.
Authority
					 G.S.
					 84-23;
Readopted Effective
					 December 8, 1994;
Amendments Approved by the Supreme Court: June 1,
					 1995; April 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0600 - MEETINGS OF THE COUNCIL › Section 01A .0602 - SPECIAL AND EMERGENCY MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  special meeting of the council may be called to address specified subjects as
				  follows:
(1) by the president in his or her
				  discretion; or
(2) by a written
				  request, delivered to the secretary, by eight councilors setting forth the
				  subject(s) to be addressed at the meeting. The secretary will schedule a
				  special meeting to be held no more than 30 days after receipt of the
				  request.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0600 - MEETINGS OF THE COUNCIL › Section 01A .0603 - NOTICE OF MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice
				  of any regular meeting of the council will be given by the secretary by posting
				  a notice at the State Bar headquarters and on the State Bar website or as
				  otherwise directed by the council. Notice of any regular meeting will also be
				  provided as required by N.C. Gen. Stat. §
										143-318.12 and any other
				  statutory provision regulating notice of public meetings of agencies of the
				  state. Unless otherwise required by law, the secretary will issue notice of any
				  regular meeting of the council at least 30 days before the meeting.
(b) The secretary will issue notice of any
				  special meeting of the council at least 48 hours before the meeting, or as
				  otherwise required by law. Notices of any special meeting will be sent to each
				  councilor by email, or other electronic means intended to be individually
				  received by each councilor, to the most recent address of record provided to
				  the State Bar by each councilor for such communications. Notice will be given
				  to any councilor who has not provided an email address, or other electronic
				  means to receive notices, by regular mail. Notice may be sent, but is not
				  required to be sent, by any means authorized for service under the Rules of
				  Civil Procedure.
(c) The secretary
				  will issue reasonable notice of any emergency meeting in a manner consistent
				  with the purpose of the meeting. Such notice may be given through any
				  appropriate means by which each councilor may receive notice on an expedited
				  basis, including telephone, email, or other electronic means.
(d) The notice for any council meeting shall
				  set forth the day, hour, and location of the meeting.
Authority
					 G.S.
					 84-23;
Readopted Effective
					 December 8, 1994;
Amendments Approved by the Supreme Court: April
					 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0600 - MEETINGS OF THE COUNCIL › Section 01A .0604 - QUORUM

Current through Register Vol. 39, No. 2, July 15, 2024
At a meeting of the council the presence of 10 councilors
					 shall constitute a quorum. There shall be no voting by proxy or by absentee
					 ballot.
Authority
					 G.S.
					 84-23;
Readopted Effective
					 December 8, 1994;
Amendments Approved by the Supreme Court: April
					 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0600 - MEETINGS OF THE COUNCIL › Section 01A .0605 - MANNER OF MEETING OF COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
The council will assemble at the time and place provided in
					 the meeting notice. Attendance at a special or emergency council meeting may be
					 by electronic means such as audio or video conferencing. Attendance at a
					 regular council meeting by electronic means may be authorized for an individual
					 councilor in the discretion of the president.
Authority
					 G.S.
					 84-23;
Adopted by the Supreme
					 Court April 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0600 - MEETINGS OF THE COUNCIL › Section 01A .0606 - PARLIAMENTARY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Proceedings at any meeting of the council shall be governed
					 by Roberts' Rules of Order.
Authority
					 G.S.
					 84-23;
Adopted by the Supreme
					 Court April 5, 2018.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS › Section 01A .0801 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of these Rules is to promulgate fair, open, and
					 uniform procedures to elect and appoint North Carolina State Bar councilors in
					 all judicial district bars. These Rules should encourage a broader and more
					 diverse participation and representation of all attorneys in the election and
					 appointment of councilors.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS › Section 01A .0802 - ELECTION - WHEN HELD; NOTICE; NOMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  judicial district bar, in any calendar year at the end of which the term of one
				  or more of its councilors will expire, shall fill said vacancy or vacancies at
				  an election to be held during that year.
(b) The officers of the district bar shall
				  fix the time and place of such election and shall give to each active member
				  (as defined in
				  G.S.
				  84-16) of the district bar a written notice
				  thereof. Notice may be sent by email or United States Mail to the email or
				  mailing address on file with the North Carolina State Bar. Such notice shall be
				  sent at least 30 days prior to the date of the election.
(c) The district bar shall submit its written
				  notice by regular mail or email of the election to the North Carolina State
				  Bar, at least six weeks before the date of the election.
(d) The North Carolina State Bar will, at its
				  expense, email these notices to the lawyers in the district bar holding the
				  election using the lawyers' email address on record with the North Carolina
				  State Bar. If a lawyer does not have an email address on record, the notice
				  shall be sent by regular mail to the lawyer's mailing address on record with
				  the North Carolina State Bar.
(e)
				  The notice shall state the date, time and place of the election, give the
				  number of vacancies to be filled, identify how and to whom nominations may be
				  made before the election, and advise that all elections must be by a majority
				  of the votes cast. If the election will be held at a meeting of the bar, the
				  notice will also advise that additional nominations may be made from the floor
				  at the meeting itself. In judicial districts that permit elections by mail or
				  early voting, the notice to members shall advise that nominations may be made
				  in writing directed to the president of the district bar and received prior to
				  a date set out in the notice. Sufficient notice shall be provided to permit
				  nominations received from district bar members to be included on the printed
				  ballots.
Authority
					 G.S.
					 84-18;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amendments Approved by the Supreme Court:
					 November 5, 1999; August 27, 2013; December 14,
					 2021.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS › Section 01A .0803 - ELECTION - VOTING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  nominations made either before or at the meeting shall be voted on by secret
				  ballot.
(b) Cumulative voting shall
				  not be permitted.
(c) Nominees
				  receiving a majority of the votes cast shall be declared elected.
Authority
					 G.S.
					 84-18;
					 84-23;
Readopted Eff.
					 December 8, 1994;
Amended Eff. November 5,
					 1999.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS › Section 01A .0804 - PROCEDURES GOVERNING ELECTIONS BY MAIL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Judicial
				  district bars may adopt bylaws permitting elections by mail, in accordance with
				  procedures approved by the N.C. State Bar Council and as set out in this
				  Section.
(b) Only active members of
				  the judicial district bar may participate in elections conducted by
				  mail.
(c) In districts which permit
				  elections by mail, the notice sent to members referred to in Rule .0802(e) of
				  this Subchapter shall advise that the election will be held by mail.
(d) The judicial district bar shall mail a
				  ballot to each active member of the judicial district bar at the member's
				  address of record on file with the North Carolina State Bar. The ballot shall
				  be accompanied by written instructions and shall state when and where the
				  ballot should be returned.
(e) Each
				  ballot shall be sequentially numbered with a red identifying numeral in the
				  upper right hand corner of the ballot. The judicial district bar shall maintain
				  appropriate records respecting how many ballots were mailed to prospective
				  voters in each election, as well as how many ballots are returned.
(f) Only original ballots will be accepted.
				  No photocopied or faxed ballots will be accepted.
Authority
					 G.S.
					 84-18;
					 84-23;
Eff. November
					 5, 1999;
Amended Eff. August 23,
					 2012.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS › Section 01A .0805 - PROCEDURES GOVERNING ELECTIONS BY ELECTRONIC VOTE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Judicial district bars may adopt bylaws permitting elections by electronic vote
				  in accordance with procedures approved by the N.C. State Bar Council and as set
				  out in this Section.
(b) Only
				  active members of the judicial district bar may participate in elections
				  conducted by electronic vote.
(c)
				  In districts which permit elections by electronic vote, the notice sent to
				  members referred to in Rule .0802(e) of this Subchapter shall advise that the
				  election will be held by electronic vote and shall identify how and to whom
				  nominations may be made before the election. The notice shall explain when the
				  ballot will be available, how to access the ballot, and the method for voting
				  online. The notice shall also list locations where computers will be available
				  for active members to access the online ballot in the event they do not have
				  personal online access.
(d)
				  Write-in candidates shall be permitted and the instructions shall so
				  state.
(e) Online balloting
				  procedures must ensure that only one vote is cast per active member of the
				  judicial district bar and that all members have access to a ballot.
Authority
					 G.S.
					 84-18;
Eff. August 23,
					 2012.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS › Section 01A .0806 - PROCEDURES GOVERNING EARLY VOTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Judicial district bars may adopt bylaws permitting early voting for up to 10
				  business days prior to a councilor election, in accordance with procedures
				  approved by the NC State Bar Council and as set out in this
				  subchapter.
(b) Only active members
				  of the judicial district bar may participate in early voting.
(c) In districts that permit early voting,
				  the notice sent to members referred to in Rule .0802(e) of this subchapter
				  shall advise that early voting will be permitted, and shall identify the
				  locations, dates, and hours for early voting. The notice shall also advise that
				  nominations may be made in writing directed to the president of the district
				  bar and received prior to a date set out in the notice. Sufficient notice shall
				  be provided to permit nominations received from district bar members to be
				  included on the printed ballots.
(d) The notice sent to members referred to in
				  Rule .0802(e) of this subchapter shall be placed in the United States Mail,
				  postage prepaid, at least 30 days prior to the first day of the early voting
				  period.
(e) Write-in candidates
				  shall be permitted during the early voting period and at the election, and the
				  instructions shall so state.
(f)
				  Early voting locations and hours must be reasonably accessible to all active
				  members of the judicial district.
Authority
					 G.S.
					 84-18;
Adopted Eff. August 27,
					 2013.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS › Section 01A .0807 - VACANCIES

Current through Register Vol. 39, No. 2, July 15, 2024
The unexpired term of any councilor whose office has become
					 vacant because of resignation, death, or any cause other than the expiration of
					 a term, shall be filled within 90 days of the occurrence of the vacancy by an
					 election conducted in the same manner as above provided.
Authority
					 G.S.
					 84-18;
					 84-23.
Readopted Eff.
					 December 8, 1994;
Amended Eff. August 27, 2013; August 23, 2012;
					 November 5, 1999.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0900 - ORGANIZATION OF THE JUDICIAL DISTRICT BARS › Section 01A .0901 - BYLAWS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each judicial district bar shall adopt
				  bylaws for its governance subject to the approval of the council.
(b) Each judicial district bar shall submit
				  its current bylaws to the secretary of the North Carolina State Bar for review
				  by the council on or before June 1, 1996.
(c) Pending review by the council, any bylaws
				  submitted to the secretary on behalf of a judicial district bar or which
				  already exist in the files of the secretary shall be deemed official and
				  authoritative.
(d) All amendments
				  to the bylaws of any judicial district bar must be filed with the secretary
				  within 30 days of adoption and shall have no force and effect until approved by
				  the council.
(e) The secretary
				  shall maintain an official record for each judicial district bar containing
				  bylaws which have been approved by the council or for which approval is
				  pending.
Authority
					 G.S.
					 84-4;
Eff. March 7,
					 1996.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0900 - ORGANIZATION OF THE JUDICIAL DISTRICT BARS › Section 01A .0903 - FISCAL PERIOD

Current through Register Vol. 39, No. 2, July 15, 2024
To avoid conflict with the assessment of the membership
					 fees for the North Carolina State Bar, each judicial district bar that assesses
					 a membership fee shall adopt a fiscal year that is not a calendar year. Any
					 judicial district bar that assesses a mandatory membership fee for the first
					 time after December 31, 2013, must adopt a fiscal year that begins July 1 and
					 ends June 30.
Authority
					 G.S.
					 84-18.1;
					 84-23;
Adopted Eff.
					 December 20, 2000;
Amended Eff. April 10,
					 2014.