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 .0122 - DISABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Transfer by
				  Secretary where Member Judicially Declared Incompetent. Where a member of the
				  North Carolina State Bar has been judicially declared incapacitated,
				  incompetent, or mentally ill by a North Carolina court or by a court of any
				  other jurisdiction, the secretary, upon proper proof of such declaration, will
				  enter an order transferring the member to disability inactive status effective
				  immediately and for an indefinite period until further order of the
				  Disciplinary Hearing Commission. A copy of the order transferring the member to
				  disability inactive status will be served upon the member, the member's
				  guardian, or the director of any institution to which the member is
				  committed.
(b) Transfer to
				  Disability Inactive Status by Consent. The chairperson of the Grievance
				  Committee may transfer a member to disability inactive status upon consent of
				  the member and the counsel.
(c)
				  Initiation of Disability Proceeding
(1)
				  Disability Proceeding Initiated by the North Carolina State Bar
(A) Evidence a Member has Become Disabled.
				  When the North Carolina State Bar obtains evidence that a member has become
				  disabled, the Grievance Committee will conduct an inquiry which substantially
				  complies with the procedures set forth in Rule .0113 (a)-(h) of this
				  subchapter. The Grievance Committee will determine whether there is probable
				  cause to believe that the member is disabled within the meaning of Rule
				  .0103(19) of this subchapter. If the Grievance Committee finds probable cause,
				  the counsel will file with the commission a complaint in the name of the North
				  Carolina State Bar, signed by the chairperson of the Grievance Committee,
				  alleging disability. The chairperson of the commission shall appoint a hearing
				  panel to determine whether the member is disabled.
(B) Disability Proceeding Initiated While
				  Disciplinary Proceeding is Pending. If, during the pendency of a disciplinary
				  proceeding, the counsel receives evidence constituting probable cause to
				  believe the defendant is disabled within the meaning of Rule .0103(19) of this
				  subchapter, the chairperson of the Grievance Committee may authorize the
				  counsel to file a motion seeking a determination that the defendant is disabled
				  and seeking the defendant's transfer to disability inactive status. The hearing
				  panel appointed to hear the disciplinary proceeding will hear the disability
				  proceeding.
(C) Pleading in the
				  Alternative. When the Grievance Committee has found probable cause to believe a
				  member has committed professional misconduct and the Grievance Committee or the
				  chairperson of the Grievance Committee has found probable cause to believe the
				  member is disabled, the State Bar may file a complaint seeking, in the
				  alternative, the imposition of professional discipline for professional
				  misconduct or a determination that the defendant is disabled.