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

Tuesday, April 19, 2016

NC Lawyers Weekly: Committee mulls structural reform of NC State Bar (access required) Time for a change? Committee mulls structural reform of NC State Bar

http://nclawyersweekly.com/2016/04/19/time-for-a-change-committee-mulls-structural-reform-of-nc-state-bar/

Time for a change? Committee mulls structural reform of NC State Bar (access required)

The North Carolina State Bar has a rather complicated and peculiar relationship with the state Supreme Court. While most state bars operate within the shadow of their high courts, which have the ultimate authority to regulate the local legal profession, our state bar is a creation of the state Legislature and sits off to the ...


Read more: http://nclawyersweekly.com/2016/04/19/time-for-a-change-committee-mulls-structural-reform-of-nc-state-bar/#ixzz4A4uN5DC6


http://nclawyersweekly.com/2016/04/19/time-for-a-change-committee-mulls-structural-reform-of-nc-state-bar/

Thursday, April 14, 2016

Daily Advance: Tillett to face disciplinary hearing before State Bar panel

http://www.dailyadvance.com/News/2016/04/14/Tillet-to-face-disciplinary-hearing-before-State-Bar-panel.html

Tillett to face disciplinary hearing before State Bar panel

AddThis Sharing Butto
William F. West
Staff Writer
Thursday, April 14, 2016
Senior Resident Superior Court Judge Jerry Tillett will face a disciplinary hearing this summer before the state agency that regulates attorneys.
Tillett’s case before a three-member panel of the N.C. State Bar’s Disciplinary Hearing Commission is set for June 28-30, said Dottie Miani, the commission’s clerk. The panel will decide ......

http://www.dailyadvance.com/News/2016/04/14/Tillet-to-face-disciplinary-hearing-before-State-Bar-panel.html

Saturday, April 9, 2016

Outer Banks Voice: Who’s pulling the strings in Bar’s move against Tillett?

http://outerbanksvoice.com/2015/04/09/political-opportunists-skulk-behind-bar-move-against-tillett/

Who’s pulling the strings in Bar’s move against Tillett?

By  on April 9, 2015

The latest offensive on Superior Court Judge Jerry Tillett is “probably a political witch hunt,” state Sen. Bill Cook said recently after filing a bill that would prohibit the North Carolina State Bar from pursuing complaints against jurists.
Nothing else can explain why, two years after Tillett accepted a public reprimand from the North Carolina Judicial Review Commission, the .....

http://outerbanksvoice.com/2015/04/09/political-opportunists-skulk-behind-bar-move-against-tillett/

Wednesday, April 6, 2016

NC Lawyers Weekly: NC State Bar wants judge to dismiss suit over AG misconduct complaint

http://nclawyersweekly.com/2016/04/06/nc-state-bar-wants-judge-to-dismiss-suit-over-ag-misconduct-complaint/

NC State Bar wants judge to dismiss suit over AG misconduct complaint (access required)

Agency accused of ignoring grievance against Roy Cooper

Should the North Carolina State Bar treat a lawyer who lied about completing his continuing legal education requirements differently than an attorney accused of knowingly signing off on a false political ad? Prominent Raleigh lawyer Gene Boyce, a former state bar councilor, doesn’t think so. He says the state bar set a precedent when it had ...


Read more: http://nclawyersweekly.com/2016/04/06/nc-state-bar-wants-judge-to-dismiss-suit-over-ag-misconduct-complaint/#ixzz4A4x2sLX2


http://nclawyersweekly.com/2016/04/06/nc-state-bar-wants-judge-to-dismiss-suit-over-ag-misconduct-complaint/