North Carolina Administrative Code

SECTION .0800 - ELECTION AND APPOINTMENT OF STATE BAR COUNCILORS 27 NCAC 01A .0801 PURPOSE 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 enc…

27 NCAC 01A .0802 Election - When Held; Notice; Nominations (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 of…

27 NCAC 01A .0803 Election - Voting Procedures (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. History Note: A…

27 NCAC 01A .0804 PROCEDURES GOVERNING ELECTIONS BY MAIL (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…

27 NCAC 01A .0805 PROCEDURES GOVERNING ELECTIONS BY ELECTRONIC VOTE (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 …

27 NCAC 01A .0806 Procedures Governing Early Voting (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. …

27 NCAC 01A .0807 Vacancies 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 man…

SECTION .0900 - ORGANIZATION OF THE JUDICIAL DISTRICT BARS 27 NCAC 01A .0901 BYLAWS (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 …

27 NCAC 01A .0902 ANNUAL MEMBERSHIP FEE If a judicial district bar elects to assess an annual membership fee from its active members pursuant to N.C.G.S. §84-18.1(b), the following procedures shall apply: (a) Notice to State Bar. The judicial district bar shall notify the North C…

27 NCAC 01A .0903 Fiscal Period 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 …

SECTION .1000 - MODEL BYLAWS FOR USE BY JUDICIAL DISTRICT BARS 27 NCAC 01A .1001 NAME 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". History Note: Authority G…

27 NCAC 01A .1002 AUTHORITY AND PURPOSE 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. History Note: Aut…

27 NCAC 01A .1003 MEMBERSHIP 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 stan…

27 NCAC 01A .1004 OFFICERS The officers of the District Bar shall be a President, a Vice President, and Secretary and/or Treasurer who shall be selected and shall serve for the terms set out herein. (1) President: The President serving at the time these bylaws are effective shall…

27 NCAC 01A .1005 Councilor 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 th…

27 NCAC 01A .1006 ANNUAL MEMBERSHIP FEE (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, pro…

27 NCAC 01A .1007 MEETINGS (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 distri…

27 NCAC 01A .1008 District Bar Finances (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 a…

27 NCAC 01A .1009 PROHIBITED ACTIVITIES (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 spous…

27 ncac 01a .1010 COMMITTEES (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 guide…

27 NCAC 01A .1011 BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE (a) Membership of Board: A Board of Directors consisting of at least _______ active members of the District Bar shall be elected. At all times, the Board of Directors shall include at least one director from each county …

27 NCAC 01A .1012 AMENDMENT OF THE BYLAWS 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…

27 NCAC 01A .1013 Selection of Nominees for District Court Judge 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 distr…

SECTION .1100 - OFFICE OF THE NORTH CAROLINA STATE BAR 27 NCAC 01A .1101 OFFICE 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. History Note: Authority…

SECTION .1200 - FILING PAPERS WITH AND SERVING THE NORTH CAROLINA STATE BAR 27 NCAC 01A .1201 WHEN PAPERS ARE FILED UNDER THESE RULES AND REGULATIONS Whenever in these rules and regulation there is a requirement that petitions, notices or other documents be filed with or served o…

SECTION .1300 - SEAL 27 NCAC 01A .1301 FORM AND CUSTODY OF SEAL 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…

SECTION .1400 – RULE SECTION NOT FOUND 27 NCAC 01A .1401 Publication for Comment (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 presen…

27 NCAC 01A .1402 Review by the Executive Committee 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 Ex…

27 NCAC 01A .1403 Action by the Council and Review by the North Carolina Supreme Court (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 regu…

SUBCHAPTER 1B - DISCIPLINE AND DISABILITY RULES SECTION .0100 - DISCIPLINE AND DISABILITY OF ATTORNEYS 27 NCAC 01B .0101 GENERAL PROVISIONS Discipline for misconduct is not intended as punishment for wrongdoing but is for the protection of the public, the courts, and the legal pr…

27 NCAC 01B .0102 PROCEDURE FOR DISCIPLINE (a) The procedure to discipline members of the bar of this state will be in accordance with the provisions hereinafter set forth. (b) District bars will not conduct separate proceedings to discipline members of the bar but will assist an…

27 NCAC 01B .0103 Definitions Subject to additional definitions contained in other provisions of this subchapter, the following words and phrases, when used in this subchapter, will have, unless the context clearly indicates otherwise, the meanings given to them in this rule. (1)…

27 NCAC 01B .0104 State Bar Council: Powers and Duties in Discipline and Disability Matters 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)…

27 NCAC 01B .0105 CHAIR OF THE GRIEVANCE COMMITTEE: POWERS AND DUTIES (a) The chair of the Grievance Committee will have the power and duty (1) to supervise the activities of the counsel; (2) to recommend to the Grievance Committee that an investigation be initiated; (3) to recom…

27 NCAC 01B .0106 GRIEVANCE COMMITTEE: POWERS AND DUTIES The Grievance Committee will have the power and duty (1) to direct the counsel to investigate any alleged misconduct or disability of a member of the North Carolina State Bar coming to its attention; (2) to hold preliminary…

27 NCAC 01B .0107 Counsel: Powers and Duties 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) t…

27 NCAC 01B .0108 Chairperson of the Hearing Commission: Powers and Duties (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 …

27 NCAC 01B .0109 Hearing Panel: Powers and Duties 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 disa…

27 NCAC 01B .0110 Secretary: Powers and Duties in Discipline and Disability Matters 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 petit…

27 NCAC 01B .0111 Grievances: Form and Filing (a) Standing Requirements – To be considered by the State Bar, a grievance must (1) allege conduct that, if true, constitutes attorney misconduct in violation of Chapter 84 of the North Carolina General Statutes and/or constitutes a v…

27 NCAC 01B .0112 Investigations: Initial Determination; Notice and Response; Committee Referrals (a) Investigation Authority - Subject to the policy supervision of the council and the supervision of the chair of the Grievance Committee, the counsel, or other personnel under the …

27 NCAC 01b .0113 PROCEEDINGS BEFORE THE GRIEVANCE COMMITTEE (a) Probable Cause - The Grievance Committee or any of its subcommittees acting as the Grievance Committee with respect to grievances referred to it by the chair of the Grievance Committee will determine whether there i…

27 NCAC 01B .0114 Proceedings Before the Disciplinary Hearing Commission: General Rules Applicable to All Proceedings (a) Applicable Procedure - Except where specific procedures are provided by these rules, pleadings and proceedings before a hearing panel will conform as nearly a…

27 NCAC 01B .0115 Proceedings Before the Disciplinary Hearing Commission: Pleadings and Prehearing Procedure (a) Complaint and Service - The counsel will file the complaint with the clerk of the commission. The counsel will cause a summons and a copy of the complaint to be served…

27 NCAC 01B .0116 Proceedings Before the Disciplinary Hearing Commission: Formal Hearing (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…

27 NCAC 01B .0117 Proceedings Before the Disciplinary Hearing Commission: Posttrial Motions (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 i…

27 NCAC 01B .0118 Proceedings Before the Disciplinary Hearing Commission: Stayed Suspension (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 jurisdic…

27 NCAC 01B .0119 Effect of a Finding of Guilt in Any Criminal Case (a) Conclusive Evidence of Guilt - A certified copy of the conviction of a member for any crime or a certified copy of a judgment entered against a member in which a plea of guilty, nolo contendere, or no contest…

27 NCAC 01B .0120 RECIPROCAL DISCIPLINE AND DISABILITY PROCEEDINGS (a) Notice to Secretary - All members who have been disciplined in any state or federal court for a violation of the Rules of Professional Conduct in effect in such state or federal court or who have been transfer…

27 NCAC 01B .0121 Surrender of License While Under Investigation (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 h…