Monday, April 25, 2016

Oral Argument, 2016-04-25, NC State Bar v. Sutton (COA15-1198)

David C. Sutton, former Greenville attorney (Pitt County, NC) argues in front of North Carolina Court of Appeals during his Oral Argument. NC Bar Deputy Counsel, Attorney Carmen H. Bannon argues for the NC State Bar




Link to slides used during oral argument

SOME HIGHLIGHTS

  • Sutton: NC Bar is unconstitutional because it is an independent entity, not in any branch of government (4:16, actual time 1:01:46 PM)
  • Sutton: The Judicial Standards Commission is assigned to Judicial Branch and thus has jurisdiction over Judges, however, NC State Bar is not assigned to any branch of government and therefore has no jurisdiction. (6:10, actual time 1:03:41 PM)
  • Sutton: Superior Courts have jurisdiction over constitutional issues (8:15, actual 1:05:46 PM)
  • Bannon: There are no limits to the jurisdiction of the Disciplinary Hearing Commission (DHC). (41:41, actual time: 1:39:12 PM)
  • Bannon: DHC jurisdiction originates in the general statutes, not the constitution. (42:16, actual time: 1:39:46 PM)




Documents in the case in Court of Appeals, NC Bar v. Sutton, COA15-1198:
https://www.ncappellatecourts.org/search-results.php?sDocketSearch=15-1198&exact=1

Opinion (10/18/2016): https://ncbarvsutton.blogspot.com/2016/10/nc-court-of-appeals-nc-state-bar-v.html

Notice of Appeal to Supreme Court (11/21/2016) and Motion to Dismiss by NC State Bar (11/30/2016): https://ncbarvsutton.blogspot.com/2016/11/nc-supreme-court-nc-state-bar-v-sutton.html

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