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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1001 - NAME

Current through Register Vol. 39, No. 2, July 15, 2024
The name of this District Bar shall be THE DISTRICT BAR OF
					 THE ___________________________JUDICIAL DISTRICT, and shall be hereinafter
					 referred to as the "District Bar".
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1002 - AUTHORITY AND PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The District Bar is formed pursuant to the provisions of
					 G.S. 84 to promote the purposes therein set forth and to comply with the duties
					 and obligations therein or thereunder imposed upon the Bar of this judicial
					 district.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1003 - MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
The members of the District Bar shall consist of two
					 classes: active and inactive.
(1)
				  Active members: The active members shall be all persons who, at the time of the
				  adoption of these bylaws or any time thereafter:
(a) are active members in good standing with
				  the North Carolina State Bar; and
(b) reside in the judicial district;
				  or
(c) practice in the judicial
				  district and elect to belong to the District Bar as provided in
				  G.S.
				  84-16.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1005 - COUNCILOR

Current through Register Vol. 39, No. 2, July 15, 2024
The district bar shall be represented in the State Bar
					 council by one or more duly elected councilors, the number of councilors being
					 determined pursuant to
					 G.S.
					 84-17. Any councilor serving at the time of
					 the adoption of these bylaws shall complete the term of office to which he or
					 she was previously elected. Thereafter, elections shall be held as necessary.
					 Nominations shall be made and the election held as provided in
					 G.S.
					 84-18 and in Section .0800 et seq. of
					 Subchapter 01A of the Rules of the NorthCarolina State Bar (27 NCAC 01A
					 .0800 et seq.). If more than one council seat is to be
					 filled, separate elections shall be held for each vacant seat. A vacancy in the
					 office of councilor shall be filled as provided by
					 27 NCAC
					 01A .0804 of Subchapter 01A of the Rules of
					 the North Carolina State Bar (27 NCAC 01A
					 .0804).
Authority
					 G.S.
					 84-18.1;
					 84-23;
Adopted Eff.
					 March 7, 1996;
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1006 - ANNUAL MEMBERSHIP FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each active
				  member of the District Bar shall:
(1) Pay such
				  annual membership fee, if any, as is prescribed by a majority vote of the
				  active members of the District Bar present and voting at a duly called meeting
				  of the District Bar, provided, however, that such fee may never exceed the
				  amount of the annual membership fee currently imposed by the North Carolina
				  State Bar. Each member shall pay the annual District Bar membership fee at the
				  time and place set forth in the notice thereof mailed to the member by the
				  Secretary-Treasurer; and
(2) Keep
				  the Secretary-Treasurer notified of the member's current mailing address and
				  telephone number.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1007 - MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Annual
				  meetings: The district bar shall meet each _____________ at a time and place
				  designated by the president. The president, secretary or other officer shall
				  mail or deliver written notice of the annual meeting to each active member of
				  the district bar at the member's last known mailing address on file with the
				  district bar at least ten days before the date of the annual meeting and shall
				  so certify in the official minutes of the meeting. Notice of the meeting mailed
				  by the executive director of the North Carolina State Bar shall also satisfy
				  the notice requirement. Failure to mail or deliver the notice as herein
				  provided shall invalidate any action at the annual meeting.
(b) Special meetings: Special meetings, if
				  any, may be called at any time by the president or the vice-president. The
				  president, secretary or other officer shall mail or deliver written notice of
				  the special meeting to each active member of the district bar at the member's
				  last known mailing address on file with the district bar at least ten days
				  before the date of any special meeting. Such notice shall set forth the time
				  and place for the special meeting and the purpose(s) thereof. Failure to mail
				  or deliver the notice shall invalidate any action taken at a special
				  meeting.
(c) Notice for meeting to
				  vote on annual membership fee: Notwithstanding the notice periods set forth in
				  paragraphs (a) and (b) of this Rule, the written notice for any meeting at
				  which the active members will vote on whether to impose or increase an annual
				  membership fee shall be mailed or delivered to each active member of the
				  district bar at the member's last known mailing address on file with the North
				  Carolina State Bar at least 30 days before the date of the meeting.
(d) Quorum: Twenty percent of the active
				  members of the district bar shall constitute a quorum, and a quorum shall be
				  required to take official action on behalf of the district bar.
Authority
					 G.S.
					 84-18.1;
					 84-23;
Adopted Eff.
					 March 7, 1996;
Amended Eff. October 7,
					 2010.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1008 - DISTRICT BAR FINANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fiscal
				  Year: The district bar's fiscal year shall begin on____________ and shall end
				  on ____________.
(b) Duties of
				  treasurer: The treasurer shall maintain the funds of the district bar on
				  deposit, initiate any necessary disbursements and keep appropriate financial
				  records.
(c) Annual financial
				  report: Each ________________ before the annual meeting, the treasurer shall
				  prepare the district bar's annual financial report for review by the board of
				  directors, if any, and submission to the district bar's annual meeting and the
				  North Carolina State Bar.
(d)
				  District bar checks: All checks written on district bar accounts (arising from
				  the collection of mandatory dues) that exceed five hundred dollars ($500.00)
				  must be signed by two of the following:
(1)
				  the treasurer,
(2) any other
				  officer,
(3) another member of the
				  board of directors, or
(4) the
				  executive secretary/director, if any.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1009 - PROHIBITED ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Prohibited Expenditures: Mandatory District Bar dues, if any, shall not be used
				  for the purchase of alcoholic beverages, gifts to public officials, including
				  judges, charitable contributions, recreational activities or expenses of
				  spouses of District Bar members or officers. However, such expenditures may be
				  made from funds derived entirely from the voluntary contributions of District
				  Bar members.
(b) Political
				  Expenditures: The District Bar shall not make any expenditures to fund
				  political and ideological activities.
(c) Political Activities: The District Bar
				  shall not engage in any political or ideological conduct or activity, including
				  the endorsement of candidates and the taking or advocation of positions on
				  political issues, referendums, bond elections, and the like, however, the
				  District Bar, and persons speaking on its behalf, may take positions on, or
				  comment upon, issues relating to the regulation of the legal profession and
				  issues or matters relating to the improvement of the quality and availability
				  of legal services to the general public.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1010 - COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Standing
				  committee(s): The standing committees shall be the Nominating Committee, Pro
				  Bono Committee, Grievance Committee, and Professionalism Committee provided
				  that, with respect to the Grievance Committee, the district meets the State Bar
				  guidelines relating thereto.
(b)
				  Grievance Committee:
(1) The Grievance
				  Committee shall consist of at least five but not more than thirteen persons
				  appointed by the president to staggered three year terms as provided by the
				  Rules and Regulations of the North Carolina State Bar governing Judicial
				  District Grievance Committees.
(2)
				  The Grievance Committee shall assist the Grievance Committee of the North
				  Carolina State Bar by receiving grievances, investigating grievances,
				  evaluating grievances, informally mediating disputes, facilitating
				  communication between lawyers and clients and referring members of the public
				  to other appropriate committees or agencies for assistance.
(3) The Grievance Committee shall operate in
				  strict accordance with the rules and policies of the North Carolina State Bar
				  with respect to district bar grievance committees.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1012 - AMENDMENT OF THE BYLAWS

Current through Register Vol. 39, No. 2, July 15, 2024
The membership of the District Bar, by a
					 _________________________ (majority, two-thirds, etc.) vote of the active
					 members present at any duly called meeting at which there is a quorum present
					 and voting throughout, may amend these bylaws in ways not inconsistent with the
					 constitution of the United States, the policies and rules of the North Carolina
					 State Bar and the laws of the United States and North
					 Carolina.
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 .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS › Section 01A .1013 - SELECTION OF NOMINEES FOR DISTRICT COURT JUDGE

Current through Register Vol. 39, No. 2, July 15, 2024
Unless otherwise required by law, the following procedures
					 shall be used to determine the nominees to be recommended to the Governor
					 pursuant to
					 G.S.
					 7A-142 for vacant district court judgeships
					 in the judicial district.
(a) Meeting
				  for Nominations: The nominees shall be selected by secret, written ballot of
				  those members present at a meeting of the district bar called for this purpose.
				  Fifteen (15) days notice of the meeting shall be given, by mail, to the last
				  known address of each district bar member. Alternatively, if a bylaw permitting
				  elections by mail is adopted by the district bar, the procedures set forth in
				  the bylaw and in Rule .0804 of Subchapter 01A of the Rules of the North
				  Carolina State Bar (27 NCAC 01A .0804), shall be
				  followed.
(b) Candidates: Persons
				  who want to be considered for the vacancy shall notify the President in writing
				  five (5) days prior to the meeting at which the election will be conducted or,
				  if the election is by mail, five days prior to the mailing of the
				  ballots.
(c) Voting: Each district
				  bar member eligible to vote pursuant to
				  G.S.
				  7A-142 may vote for up to five (5)
				  candidates. Cumulative voting is prohibited. Proxy voting is
				  prohibited.
(d) Submission to
				  Governor: The five candidates receiving the highest number of votes shall be
				  the nominees to fill the vacancy on the district court and their names, and
				  vote totals, shall be transmitted to the governor. In the event of a tie for
				  fifth place, the names of those candidates involved in the tie shall be
				  transmitted to the governor together with the names of the four candidates
				  receiving the highest number of votes.
Authority
					 G.S.
					 7A-142;
					 84-18.1;
					 84-23;
Adopted Eff.
					 February 27, 2003;
Amended Eff. March 6,
					 2014.
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 .1100 - OFFICE OF THE NORTH CAROLINA STATE BAR › Section 01A .1101 - OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
Until otherwise ordered by the council, the office of the
					 North Carolina State Bar shall be maintained in the city of Raleigh at such
					 place as may be designated by the council.
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 .1200 - FILING PAPERS WITH AND SERVING THE NORTH CAROLINA STATE BAR › Section 01A .1201 - WHEN PAPERS ARE FILED UNDER THESE RULES AND REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever in these rules and regulation there is a
					 requirement that petitions, notices or other documents be filed with or served
					 on the North Carolina State Bar, or the council, the same shall be filed with
					 or served on the secretary of the North Carolina State Bar.
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 .1300 - SEAL › Section 01A .1301 - FORM AND CUSTODY OF SEAL

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar shall have a seal round in
					 shape and having the words and figures, "The North Carolina State Bar July 1,
					 1933," with the word "Seal" in the center. The seal shall remain in the custody
					 of the secretary at the office of the North Carolina State Bar, unless
					 otherwise ordered by the council.
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 .1400 - RULE SECTION NOT FOUND › Section 01A .1401 - PUBLICATION FOR COMMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As a
				  condition precedent to adoption, a proposed rule or amendment to a rule must be
				  published for comment as provided in subsection (c).
(b) A proposed rule or amendment to a rule
				  must be presented to the Executive Committee and the council prior to
				  publication for comment, and specifically approved for publication by
				  both.
(c) A proposed rule or
				  amendment to a rule must be published for comment in an official printed or
				  digital publication of the North Carolina State Bar that is mailed or emailed
				  to the membership at least 30 days in advance of its final consideration by the
				  council. The publication of any such proposal must be accompanied by a
				  prominent statement inviting all interested parties to submit comment to the
				  North Carolina State Bar at a specified postal or e-mail address prior to the
				  next meeting of the Executive Committee, the date of which shall be set
				  forth.
Authority
					 G.S.
					 84-23;
Adopted by the Supreme
					 Court August 23, 2007;
Amendments Approved by the Supreme Court:
					 September 20, 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 .1400 - RULE SECTION NOT FOUND › Section 01A .1402 - REVIEW BY THE EXECUTIVE COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
At its next meeting following the publication or
					 republication of any proposed rule or amendment to a rule, the Executive
					 Committee shall review the proposal and any comment that has been received
					 concerning the proposal. The Executive Committee shall then:
(1) recommend the proposal's adoption by the
				  council;
(2) recommend the
				  proposal's adoption by the council with nonsubstantive modification;
(3) recommend to the council that the
				  proposal be republished with substantive modification;
(4) defer consideration of the matter to its
				  next regular business meeting;
(5)
				  table the matter; or
(6) reject the
				  proposal.
Authority
					 G.S.
					 84-23;
Eff. August 23,
					 2007.
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 .1400 - RULE SECTION NOT FOUND › Section 01A .1403 - ACTION BY THE COUNCIL AND REVIEW BY THE NORTH CAROLINA SUPREME COURT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Whenever the Executive Committee
				  recommends adoption of any proposed rule or amendment to a rule in accordance
				  with the procedure set forth in Rule .1402 above, the council at its next
				  regular business meeting shall consider the proposal, the Executive Committee's
				  recommendation, and any comment received from interested parties, and:
(1) decide whether to adopt the proposed rule
				  or amendment, subject to the approval of the North Carolina Supreme Court as
				  described in
				  G.S.
				  84-21;
(2) reject the proposed rule or amendment;
				  or
(3) refer the matter back to the
				  Executive Committee for reconsideration.
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 .0101 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Discipline for misconduct is not intended as punishment for
					 wrongdoing but is for the protection of the public, the courts, and the legal
					 profession. The fact that certain misconduct has remained unchallenged when
					 done by others, or when done at other times, or that it has not been made the
					 subject of earlier disciplinary proceedings, will not be a defense to any
					 charge of misconduct by a member.
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 B - DISCIPLINE AND DISABILITY RULES › Section .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS › Section 01B .0104 - STATE BAR COUNCIL: POWERS AND DUTIES IN DISCIPLINE AND DISABILITY MATTERS

Current through Register Vol. 39, No. 2, July 15, 2024
The Council of the North Carolina State Bar will have the
					 power and duty:
(1) to supervise and
				  conduct disciplinary proceedings in accordance with the provisions hereinafter
				  set forth;
(2) to appoint members
				  of the commission as provided by statute;
(3) to appoint a counsel. The counsel will
				  serve at the pleasure of the council. The counsel will be a member of the North
				  Carolina State Bar but will not be permitted to engage in the private practice
				  of law;
(4) to order the transfer
				  of a member to disability inactive status when such member has been judicially
				  declared incompetent or has been involuntarily committed to institutional care
				  because of incompetence or disability;
(5) to accept or reject the surrender of the
				  license to practice law of any member of the North Carolina State
				  Bar;
(6) to order the disbarment of
				  any member whose resignation is accepted;
(7) to review the report of any hearing panel
				  upon a petition for reinstatement of a disbarred attorney and to make final
				  determination as to whether the license will be restored.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. October 8, 2009; September 7,
					 1995.
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 .0107 - COUNSEL: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The counsel will have the power and duty:
(1) to initiate an investigation concerning
				  alleged misconduct of a member;
(2)
				  to direct a letter of notice to a respondent when authorized by the chairperson
				  of the Grievance Committee;
(3) to
				  investigate all matters involving alleged misconduct whether initiated by the
				  filing of a grievance or otherwise;
(4) to recommend to the chairperson of the
				  Grievance Committee that a matter be dismissed, that a letter of caution, or a
				  letter of warning be issued, or that the Grievance Committee hold a preliminary
				  hearing;
(5) to prosecute all
				  disciplinary proceedings before the Grievance Committee, hearing panels, and
				  the courts;
(6) to represent the
				  North Carolina State Bar in any trial, hearing, or other proceeding concerning
				  the alleged disability of a member;
(7) to appear on behalf of the North Carolina
				  State Bar at hearings conducted by the Grievance Committee, hearing panels, or
				  any other agency or court concerning any motion or other matter arising out of
				  a disciplinary or disability proceeding;
(8) to appear at hearings conducted with
				  respect to petitions for reinstatement of license by suspended or disbarred
				  attorneys or by attorneys transferred to disability inactive status, to
				  cross-examine witnesses testifying in support of such petitions, and to present
				  evidence, if any, in opposition to such petitions;
(9) to employ such deputy counsel,
				  investigators, and other administrative personnel in such numbers as the
				  council may authorize;
(10) to
				  maintain permanent records of all matters processed and of the disposition of
				  such matters;
(11) to perform such
				  other duties as the council may direct;
(12) after a finding of probable cause by the
				  Grievance Committee, to designate the particular violations of the Rules of
				  Professional Conduct to be alleged in a formal complaint filed with the
				  commission;
(13) to file amendments
				  to complaints and petitions arising out of the same transactions or occurrences
				  as the allegations in the original complaints or petitions, in the name of the
				  North Carolina State Bar, with the prior approval of the chairperson of the
				  Grievance Committee;
(14) after a
				  complaint is filed with the commission, to dismiss any or all claims in the
				  complaint or to negotiate and recommend consent orders of discipline to the
				  hearing panel.
Authority
					 G.S.
					 84-23;
					 84-31;
Readopted Eff.
					 December 8, 1994;
Amended Eff. October 8, 2009; March 3,
					 1999.
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 .0108 - CHAIRPERSON OF THE HEARING COMMISSION: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The chairperson of the Disciplinary
				  Hearing Commission of the North Carolina State Bar will have the power and
				  duty:
(1) to receive complaints alleging
				  misconduct and petitions alleging the disability of a member filed by the
				  counsel; petitions requesting reinstatement of license by members who have been
				  involuntarily transferred to disability inactive status, suspended, or
				  disbarred; motions seeking the activation of suspensions which have been
				  stayed; and proposed consent orders of disbarment;
(2) to assign three members of the
				  commission, consisting of two members of the North Carolina State Bar and one
				  nonlawyer to hear complaints, petitions, motions, and post-hearing motions
				  pursuant to Rule .0114(z)(2) of this subchapter. The chairperson will designate
				  one of the attorney members as chairperson of the hearing panel. No panel
				  member who hears a disciplinary matter may serve on the panel which hears the
				  attorney's reinstatement petition. The chairperson of the commission may
				  designate himself or herself to serve as one of the attorney members of any
				  hearing panel and will be chairperson of any hearing panel on which he or she
				  serves. Post-hearing motions filed pursuant to Rule .0114(z)(2) of this
				  subchapter will be considered by the same hearing panel assigned to the
				  original trial proceeding. Hearing panel members who are ineligible or unable
				  to serve for any reason will be replaced with members selected by the
				  commission chairperson;
(3) to set
				  the time and place for the hearing on each complaint or petition;
(4) to subpoena witnesses and compel their
				  attendance and to compel the production of books, papers, and other documents
				  deemed necessary or material to any hearing. The chairperson may designate the
				  secretary to issue such subpoenas;
(5) to consolidate, in his or her discretion
				  for hearing, two or more cases in which a subsequent complaint or complaints
				  have been served upon a defendant within ninety days of the date of service of
				  the first or a preceding complaint;
(6) to enter orders disbarring members by
				  consent;
(7) to enter an order
				  suspending a member pending disposition of a disciplinary proceeding when the
				  member has been convicted of a serious crime or has pled no contest to a
				  serious crime and the court has accepted the plea.
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 .0109 - HEARING PANEL: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Hearing panels of the Disciplinary Hearing Commission of
					 the North Carolina State Bar will have the following powers and duties:
(1) to hold hearings on complaints alleging
				  misconduct, or petitions seeking a determination of disability or
				  reinstatement, or motions seeking the activation of suspensions which have been
				  stayed, and to conduct proceedings to determine if persons or corporations
				  should be held in contempt pursuant to
				  G.S.
				  84-28.1(b1);
(2) to enter orders regarding discovery and
				  other procedures in connection with such hearings, including, in disability
				  matters, the examination of a member by such qualified medical experts as the
				  panel will designate;
(3) to
				  subpoena witnesses and compel their attendance, and to compel the production of
				  books, papers, and other documents deemed necessary or material to any hearing.
				  Subpoenas will be issued by the chairperson of the hearing panel in the name of
				  the commission. The chairperson may direct the secretary to issue such
				  subpoenas;
(4) to administer or
				  direct the administration of oaths or affirmations to witnesses at
				  hearings;
(5) to make findings of
				  fact and conclusions of law;
(6) to
				  enter orders dismissing complaints in matters before the panel;
(7) to enter orders of discipline against or
				  letters of warning to defendants in matters before the panel;
(8) to tax costs of the disciplinary
				  proceedings against any defendant against whom discipline is imposed, provided,
				  however, that such costs will not include the compensation of any member of the
				  council, panels, or agencies of the North Carolina State Bar;
(9) to enter orders transferring a member to
				  disability inactive status;
(10) to
				  report to the council its findings of fact and recommendations after hearings
				  on petitions for reinstatement of disbarred attorneys;
(11) to grant or deny petitions of attorneys
				  seeking transfer from disability inactive status to active status;
(12) to enter orders reinstating suspended
				  attorneys or denying reinstatement. An order denying reinstatement may include
				  additional sanctions in the event violations of the petitioner's order of
				  suspension are found;
(13) to enter
				  orders activating suspensions which have been stayed or continuing the stays of
				  such suspensions.
(14) to enter
				  orders holding persons and corporations in contempt pursuant to
				  G.S.
				  84-28.1(b1) and imposing
				  such sanctions allowed by law.
Authority
					 G.S.
					 84-23;
					 84-28;
					 84-28.1;
Readopted
					 Eff. December 8, 1994;
Amended Eff. October 8, 2009; March 3,
					 1999.
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 .0110 - SECRETARY: POWERS AND DUTIES IN DISCIPLINE AND DISABILITY MATTERS

Current through Register Vol. 39, No. 2, July 15, 2024
The secretary will have the following powers and duties in
					 regard to discipline and disability procedures:
(1) to receive grievances for transmittal to
				  the counsel, to receive complaints and petitions for transmittal to the
				  commission chairperson, and to receive affidavits of surrender of license for
				  transmittal to the council;
(2) to
				  issue summonses and subpoenas when so directed by the president, the
				  chairperson of the Grievance Committee, the chairperson of the commission, or
				  the chairperson of any hearing panel;
(3) to maintain a record and file of all
				  grievances not dismissed by the Grievance Committee;
(4) to perform all necessary ministerial acts
				  normally performed by the clerk of the superior court in complaints filed
				  before the commission;
(5) to enter
				  orders of reinstatement where petitions for reinstatement of suspended
				  attorneys are unopposed by the counsel;
(6) to dismiss reinstatement petitions based
				  on the petitioner's failure to comply with the rules governing the provision
				  and transmittal of the record of reinstatement proceedings;
(7) to determine the amount of costs assessed
				  in disciplinary proceedings by the commission.
Authority
					 G.S.
					 84-22;
					 84-23;
					 84-32(c);
Readopted Eff. December 8, 1994;
Amended Eff. October 8,
					 2009.
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 .0111 - GRIEVANCES: FORM AND FILING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A grievance
				  may be filed by any person against a member of the North Carolina State Bar.
				  Such grievance may be written or oral, verified or unverified, and may be made
				  initially to the counsel. The counsel may require that a grievance be reduced
				  to writing in affidavit form and may prepare and distribute standard forms for
				  this purpose.
(b) Upon the
				  direction of the council or the Grievance Committee, the counsel will
				  investigate such conduct of any member as may be specified by the council or
				  Grievance Committee.
(c) The
				  counsel may investigate any matter coming to the attention of the counsel
				  involving alleged misconduct of a member upon receiving authorization from the
				  chairperson of the Grievance Committee. If the counsel receives information
				  that a member has used or is using illicit drugs, the counsel will follow the
				  provisions of Rule .0130 of this Subchapter.
(d) The North Carolina State Bar may keep
				  confidential the identity of an attorney or judge who reports alleged
				  misconduct of another attorney pursuant to Rule 8.3 of the Revised Rules of
				  Professional Conduct and who requests to remain anonymous. Notwithstanding the
				  foregoing, the North Carolina State Bar will reveal the identity of a reporting
				  attorney or judge to the respondent attorney where such disclosure is required
				  by law, or by considerations of due process or where identification of the
				  reporting attorney or judge is essential to preparation of the attorney's
				  defense to the grievance and/or a formal disciplinary complaint.
(e) The counsel may decline to investigate
				  the following allegations:
(1) that a member
				  provided ineffective assistance of counsel in a criminal case, unless a court
				  has granted a motion for appropriate relief based upon the member's
				  conduct;
(2) that a plea entered in
				  a criminal case was not made voluntarily and knowingly, unless a court granted
				  a motion for appropriate relief based upon the member's conduct;
(3) that a member's advice or strategy in a
				  civil or criminal matter was inadequate or ineffective.
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 .0112 - INVESTIGATIONS: INITIAL DETERMINATION; NOTICE AND RESPONSE; COMMITTEE REFERRALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Investigation Authority - Subject to the
				  policy supervision of the council and the control of the chair of the Grievance
				  Committee, the counsel, or other personnel under the authority of the counsel,
				  will investigate the grievance and submit to the chair a report detailing the
				  findings of the investigation.
(b)
				  Grievance Committee Action on Initial or Interim Reports - As soon as
				  practicable after the receipt of the initial or any interim report of the
				  counsel concerning any grievance, the chair of the Grievance Committee may
(1) treat the report as a final
				  report;
(2) direct the counsel to
				  conduct further investigation, including contacting the respondent in writing
				  or otherwise; or
(3) direct the
				  counsel to send a letter of notice to the respondent.
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 .0114 - PROCEEDINGS BEFORE THE DISCIPLINARY HEARING COMMISSION: GENERAL RULES APPLICABLE TO ALL PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applicable Procedure - Except where specific procedures are provided by these
				  rules, pleadings and proceedings before a hearing panel will conform as nearly
				  as practicable with the requirements of the North Carolina Rules of Civil
				  Procedure and for trial of nonjury civil cases in the superior courts. Any
				  specific procedure set out in these rules controls, and where specific
				  procedures are set out in these rules, the Rules of Civil Procedure will be
				  supplemental only.
(b) Continuances
				  - The chairperson of the hearing panel may continue any hearing for good cause
				  shown. After a hearing has commenced, continuances will only be granted
				  pursuant to Rule .0116(b).
(c)
				  Appearance By or For the Defendant - The defendant may appear pro se or may be
				  represented by counsel. The defendant may not act pro se if he or she is
				  represented by counsel.
(1) Pro Se Defendant's
				  Address - When a defendant appears in his or her own behalf in a proceeding,
				  the defendant will file with the clerk, with proof of delivery of a copy to the
				  counsel, an address at which any notice or other written communication required
				  to be served upon the defendant may be sent, if such address differs from the
				  address on record with the State Bar's membership department.
(2) Notice of Appearance - When a defendant
				  is represented by an attorney in a proceeding, the attorney will file with the
				  clerk a written notice of such appearance which will state his or her name,
				  address and telephone number, the name and address of the defendant on whose
				  behalf he or she appears, and the caption and docket number of the proceeding.
				  Any additional notice or other written communication required to be served on
				  or furnished to a defendant during the pendency of the hearing will be sent to
				  defendant's attorney of record in lieu of transmission to the
				  defendant.
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 .0116 - PROCEEDINGS BEFORE THE DISCIPLINARY HEARING COMMISSION: FORMAL HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public Hearing
(1) The defendant will appear in person
				  before the hearing panel at the time and place named by the chairperson. The
				  hearing will be open to the public except that for good cause shown the
				  chairperson of the hearing panel may exclude from the hearing room all persons
				  except the parties, counsel, and those engaged in the hearing. No hearing will
				  be closed to the public over the objection of the defendant.
(2) Media Coverage - Absent a showing of good
				  cause, the chairperson of the hearing panel shall permit television, motion
				  picture and still photography cameras, broadcast microphones and recorders
				  (electronic media) to record and broadcast formal hearings. A media outlet
				  shall file a motion with the clerk of the commission seeking permission to
				  utilize electronic media to record or broadcast a hearing no less than 48 hours
				  before the hearing is scheduled to begin. The chairperson will rule on the
				  motion no less than 24 hours before the hearing is scheduled to begin. Any
				  order denying a motion to permit the use of electronic media to record or
				  broadcast a formal hearing shall contain written findings of fact setting forth
				  the facts constituting good cause to support that decision. Except as otherwise
				  provided in this paragraph, the provisions of Rule 15 of the General Rules of
				  Practice for the Superior and District Courts (Electronic Media and Still
				  Photography Coverage of Public Judicial Proceedings) shall apply to electronic
				  media coverage of hearings before the commission.
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 .0117 - PROCEEDINGS BEFORE THE DISCIPLINARY HEARING COMMISSION: POSTTRIAL MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) New Trials and Amendments of Judgments
				  (N.C. R. Civ. 59)
(1) Either party may request
				  a new trial or amendment of the hearing panel's final order, based on any of
				  the grounds set out in Rule 59 of the North Carolina Rules of Civil
				  Procedure.
(2) A motion for a new
				  trial or amendment of judgment will be filed with the clerk no later than 20
				  days after service of the final order upon the defendant. Supporting
				  affidavits, if any, and a memorandum setting forth the basis of the motion
				  together with supporting authorities, will be filed with the motion.
(3) The opposing party will have 20 days from
				  service of the motion to file a written response, any reply affidavits, and a
				  memorandum with supporting authorities.
(4) The hearing panel may rule on the motion
				  based on the parties' written submissions or may, in its discretion, order oral
				  argument.
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 .0119 - EFFECT OF A FINDING OF GUILT IN ANY CRIMINAL CASE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Conclusive Evidence of Guilt - A certified copy of the conviction of an
				  attorney for any crime or a certified copy of a judgment entered against an
				  attorney where a plea of guilty, nolo contendre, or no contest has been
				  accepted by a court will be conclusive evidence of guilt of that crime in any
				  disciplinary proceeding instituted against a member. For purposes of any
				  disciplinary proceeding against a member, such conviction or judgment shall
				  conclusively establish all elements of the criminal offense and shall
				  conclusively establish all facts set out in the document charging the member
				  with the criminal offense.
(b)
				  Interim Suspension - Any member who has been convicted of, pleads guilty to,
				  pleads no contest to, or is found guilty by a jury of a criminal offense
				  showing professional unfitness in any state or federal court may be suspended
				  from the practice of law as set out below.
(1)
				  The counsel shall file with the clerk of the commission and serve upon the
				  member a motion for interim suspension accompanied by proof of the conviction,
				  plea, or verdict.
(2) The member
				  shall have ten days in which to file a response.
(3) The chairperson of the commission may
				  hold a hearing to determine whether the criminal offense is one showing
				  professional unfitness and whether, in the chairperson's discretion, interim
				  suspension is warranted. In determining whether interim suspension is
				  warranted, the chairperson may consider harm or potential harm to a client, the
				  administration of justice, the profession, or members of the public, and impact
				  on the public's perception of the profession. The parties may present
				  additional evidence pertaining to harm or to the circumstances surrounding the
				  offense, but the member may not collaterally attack the conviction, plea or
				  verdict.
(4) The chairperson shall
				  issue an order containing findings of fact and conclusions of law addressing
				  whether there is a qualifying conviction, plea, or verdict, and whether interim
				  suspension is warranted, and either granting or denying the motion.
(5) If the member consents to entry of an
				  order of interim suspension, the parties may submit a consent order of interim
				  suspension to the chairperson of the commission.
(6) The provisions of Rule .0128(c) of this
				  Subchapter will apply to the interim suspension.
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 .0121 - SURRENDER OF LICENSE WHILE UNDER INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Surrender of License to the Council - A member who is the subject of an
				  investigation into allegations of misconduct, but against whom no formal
				  complaint has been filed before the commission may tender his or her license to
				  practice by delivering to the secretary for transmittal to the council an
				  affidavit stating that the member desires to resign and that
(1) the resignation is freely and voluntarily
				  rendered, is not the result of coercion or duress, and the member is fully
				  aware of the implications of submitting the resignation;
(2) the member is aware that there is
				  presently pending an investigation or other proceedings regarding allegations
				  that the member has been guilty of misconduct, the nature of which will
				  specifically be set forth;
(3) the
				  member acknowledges that the material facts upon which the grievance is
				  predicated are true;
(4) the
				  resignation is being submitted because the member knows that if charges were
				  predicated upon the misconduct under investigation, the member could not
				  successfully defend against them.
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 .0123 - ENFORCEMENT OF POWERS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the other powers contained herein, in
					 proceedings before any subcommittee or panel of the Grievance Committee or the
					 commission, if any person refuses to respond to a subpoena, refuses to take the
					 oath or affirmation as a witness or thereafter refuses to be examined, refuses
					 to obey any order in aid of discovery, or refuses to obey any lawful order of
					 the panel contained in its decision rendered after hearing, the counsel or
					 secretary may apply to the appropriate court for an order directing that person
					 to comply by taking the requisite action.
Authority
					 G.S.
					 84-23;
					 84-28(i);
Readopted Eff. December 8, 1994;
Amendments Approved by the Supreme
					 Court: September 22, 2016; October 8,
					 2009.