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 .0118 - PROCEEDINGS BEFORE THE DISCIPLINARY HEARING COMMISSION: STAYED SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Procedures: Non-compliance with
				  Conditions - In any case in which a period of suspension is stayed upon
				  compliance by the defendant with conditions, the commission will retain
				  jurisdiction of the matter until all conditions are satisfied. The following
				  procedures apply during a stayed suspension:
(1) If, during the period the stay is in
				  effect, the counsel receives information tending to show that a condition has
				  been violated, the counsel may, with the consent of the chairperson of the
				  Grievance Committee, file a motion in the cause with the clerk of the
				  commission specifying the violation and seeking an order lifting the stay and
				  activating the suspension. The counsel will serve a copy of the motion upon the
				  defendant.
(2) The clerk will
				  promptly transmit the motion to the chairperson of the commission. The
				  chairperson will appoint a hearing panel to hold a hearing, appointing the
				  members of the hearing panel that originally heard the matter wherever
				  practicable. The chairperson of the commission will notify the counsel and the
				  defendant of the composition of the hearing panel and the time and place for
				  the hearing.
(3) At the hearing,
				  the State Bar will have the burden of proving by the greater weight of the
				  evidence that the defendant violated a condition of the stay.
(4) If the hearing panel finds by the greater
				  weight of the evidence that the defendant violated a condition of the stay, the
				  panel may enter an order lifting the stay and activating the suspension, or any
				  portion thereof. Alternatively, the panel may allow the stay to remain in
				  effect for the original term of the stay, may extend the term of the stay,
				  and/or may include modified or additional conditions for the suspension to
				  remain stayed. If the panel finds that the defendant violated a condition of
				  the stay, the panel may tax the defendant with administrative fees and costs.
(A) In any order lifting a stay and
				  activating a suspension in whole or in part, the panel may include a provision
				  allowing the defendant to apply for a stay of the activated suspension on such
				  terms and conditions as the panel concludes are appropriate.
(B) The panel may impose modified or
				  additional conditions:
(a) which the
				  defendant must satisfy to obtain a stay of an activated suspension;
(b) with which the defendant must comply
				  during the stay of an activated suspension; and/or
(c) which the defendant must satisfy to be
				  reinstated to active status at the end of the activated suspension
				  period.
(C) If the panel
				  activated the entire period of suspension, in order to be reinstated at the end
				  of the activated suspension, the defendant must comply with the requirements of
				  Rule .0129(b) of this Subchapter and with any requirements imposed in previous
				  orders entered by the commission.
(D) If the panel activated only a portion of
				  the suspension, in order to be returned to active status at the end of the
				  period of activated suspension the defendant must file a motion with the
				  commission seeking a stay of the remainder of the original term of suspension.
				  If the defendant is granted a stay of the remainder of the original term of
				  suspension, the panel may impose modified and/or additional conditions with
				  which the defendant must comply during the stayed suspension.
(5) If the panel finds that the
				  greater weight of the evidence does not establish that the defendant violated a
				  condition of the stay, it will enter an order continuing the stay.
(6) In any event, the panel will include in
				  its order findings of fact and conclusions of law in support of its
				  decision.