NC Lawyers Weekly: Opinion DIGEST: Judges – Discipline – Jurisdiction – State Bar; North Carolina State Bar v. Tillett (Lawyers Weekly No. 010-024-17, 41 pp.)

http://nclawyersweekly.com/2017/01/10/judges-discipline-jurisdiction-state-bar/

Judges – Discipline – Jurisdiction – State Bar 

By: Teresa Bruno, Opinions Editor January 10, 2017

North Carolina State Bar v. Tillett (Lawyers Weekly No. 010-024-17, 41 pp.) (Barbara Jackson, J.) (Mark Martin, C.J., joined by Robert Edmunds Jr., J., concurring) (Sam Ervin IV, J., joined by Robin Hudson & Cheri Beasley, JJ., concurring in the result) N.C. S. Ct. Holding: This court has exclusive, original jurisdiction over the discipline of judges; ...

http://nclawyersweekly.com/2017/01/10/judges-discipline-jurisdiction-state-bar/

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

NC Lawyers Weekly: NC state bar can’t discipline sitting judges

http://nclawyersweekly.com/2017/01/09/nc-state-bar-cant-discipline-sitting-judges/

NC state bar can’t discipline sitting judges 

By: David Donovan January 9, 2017

The North Carolina State Bar will not be able to pursue disciplinary action against a Dare County Superior Court judge. The state Supreme Court ruled Dec. 21 that jurisdiction to discipline sitting judges for their conduct while in office rests solely with the state’s Judicial Standards Commission and the Supreme Court, and not with the bar’s ...

http://nclawyersweekly.com/2017/01/09/nc-state-bar-cant-discipline-sitting-judges/

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

ABA Journal: State bar can't discipline judge already reprimanded by judicial regulator, top state court rules

http://www.abajournal.com/news/article/state_bar_cant_discipline_judge_already_reprimanded_by_judicial_regulator_t

State bar can't discipline judge already reprimanded by judicial regulator, top state court rules

POSTED JAN 06, 2017 10:47 AM CST

BY DEBRA CASSENS WEISS

The North Carolina State Bar can’t pursue an ethics complaint for a judge’s conduct that already resulted in a reprimand by the state’s Judicial Standards Commission, the North Carolina Supreme Court has ruled.

The court ruled in the case of Judge Jerry Tillett of Dare County in a Dec. 21 opinion, ......

http://www.abajournal.com/news/article/state_bar_cant_discipline_judge_already_reprimanded_by_judicial_regulator_t

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

News & Observer: NC Supreme Court sides with Judge Tillett in dispute with State Bar

http://www.newsobserver.com/news/politics-government/article124255799.html

JANUARY 3, 2017 11:34 AM

NC Supreme Court sides with Judge Tillett in dispute with State Bar

Read more here: http://www.newsobserver.com/news/politics-government/article124255799.html#storylink=cpy

BY ANNE BLYTHE

ablythe@newsobserver.com

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RALEIGH 

Judges across North Carolina have been watching with intrigue a disciplinary case brought against a Dare County judge by the state organization that oversees lawyers.

Jerry Tillett, the senior resident Superior Court judge in Dare County, had already accepted a public reprimand from the state’s Judicial Standards Commission before the N.C. State Bar ...

Read more here: http://www.newsobserver.com/news/politics-government/article124255799.html#storylink=cpy

http://www.newsobserver.com/news/politics-government/article124255799.html

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

Daily Advance: Tillett, Bar both welcome decision

http://www.dailyadvance.com/News/2016/12/23/Tillett-Bar-both-welcome-decision.html

Tillett, Bar both welcome decision

From staff reports

Friday, December 23, 201

Both sides in the North Carolina State Bar’s disciplinary case against Resident Superior Court Judge Jerry Tillett welcomed the N.C. Supreme Court’s decision on Wednesday ordering the case’s dismissal — but for different reasons.

One of Tillett’s attorneys, Norman Shearin of Kitty Hawk, said Thursday his client welcomed the court’s unanimous decision that the State Bar lacked jurisdiction .......

http://www.dailyadvance.com/News/2016/12/23/Tillett-Bar-both-welcome-decision.html

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

Outer Banks Sentinel: N.C. Supreme Court rules for Judge Tillett

http://www.obsentinel.com/news/n-c-supreme-court-rules-for-judge-tillett/article_498ea26c-c88b-11e6-9ee4-af4a21b51b5a.html

N.C. Supreme Court rules for Judge Tillett

Posted: Thursday, December 22, 2016 4:12 pm

CATHERINE KOZAK | SPECIAL TO THE SENTINEL | 0 comments

Decision says state Bar cannot discipline judges

Six years after a minor police stop sparked a series of increasingly tangled legal showdowns, the North Carolina Supreme Court on Wednesday Dec. 21 ruled unanimously that the state Bar does not have the power to prosecute Superior Court Judge Jerry Tillett for his conduct related to a conflict with the town of Kill Devil Hills.

The Bar’s Disciplinary Hearing Commission had charged Tillett with professional misconduct in March 2015, but Tillett contended that only the state  .....

http://www.obsentinel.com/news/n-c-supreme-court-rules-for-judge-tillett/article_498ea26c-c88b-11e6-9ee4-af4a21b51b5a.html

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

Outer Banks Voice: Supreme Court orders Bar to dismiss complaint against Tillett

http://outerbanksvoice.com/2016/12/21/supreme-court-orders-bar-to-dismiss-complaint-against-tillett/

Supreme Court orders Bar to dismiss complaint against Tillett

By Outer Banks Voice on December 21, 2016

A five-year effort aimed at removing Superior Court Judge Jerry Tillett from the bench has ended with a ruling Wednesday that the North Carolina State Bar had no power to discipline him.

Tillet had already accepted a reprimand from the Judicial Standards Commission when .....

http://outerbanksvoice.com/2016/12/21/supreme-court-orders-bar-to-dismiss-complaint-against-tillett/


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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

Daily Advance: Supreme Court sides with Tillett, orders Bar complaint dismissed

http://www.dailyadvance.com/News/2016/12/21/Supreme-Court-sides-with-Tillett-orders-Bar-complaint-dismissed.html


Supreme Court sides with Tillett, orders Bar complaint dismissed

By William F. West
Staff Writer

Wednesday, December 21, 2016

The state’s highest court has rejected the N.C. State Bar’s attempt to discipline Resident Superior Court Judge Jerry Tillett for misconduct, ruling the Bar lacks jurisdiction to punish a sitting judge who has already been disciplined by the N.C. Judicial Standards Commission. 

The N.C. Supreme Court on Wednesday .....

http://www.dailyadvance.com/News/2016/12/21/Supreme-Court-sides-with-Tillett-orders-Bar-complaint-dismissed.html

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

NSJ Online: State supreme court rules against State Bar

http://www.nsjonline.com/article/2016/12/state-supreme-court-rules-against-state-bar


State supreme court rules against State Bar
By Donna King
December 21st, 2016 1:04 pm

RALEIGH - The N.C. Supreme Court dealt a blow to the North Carolina State Bar state bar Wednesday in a decision that backed up Superior Court Judge Jerry Tillett. Tillett filed a request to dismiss disciplinary action against him by the State Bar, arguing that he had already faced discipline for his behavior in ....

http://www.nsjonline.com/article/2016/12/state-supreme-court-rules-against-state-bar

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Court's opinion: https://ncbarvsutton.blogspot.com/2016/12/nc-supreme-court-nc-state-bar-v-tillett.html

Google Scholar citation: https://scholar.google.com/scholar_case?case=10409962428869454585

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1 

NC Lawyers Weekly Digest (with holding): https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

NC Supreme Court: Nc State Bar v. Tillett (208PA15), Opinion, 2016-12-21

NC Supreme Court Opinion: https://appellate.nccourts.org/opinions/?c=1&pdf=35086

Highlights:

• Chief Justice MARTIN: "The disciplinary process envisioned by the State Bar would be like having the batter critique the umpire’s ball and strike calls, rather than letting the umpire call pitches as he sees them."

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=208PA15&exact=1

NC Lawyers Weekly Digest: https://ncbarvsutton.blogspot.com/2017/01/nc-lawyers-weekly-opinion-digest-judges.html

NC Lawyers Weekly: NCALJ final report won’t propose restructuring of bar

http://nclawyersweekly.com/2016/12/21/ncalj-final-report-wont-propose-restructuring-of-bar/

NCALJ final report won’t propose restructuring of bar 

By: Phillip Bantz December 21, 2016

The upcoming final report from the North Carolina Commission on the Administration of Law and Justice will not recommend a restructuring of the North Carolina State Bar, according to the co-chair of the panel considering the ......

http://nclawyersweekly.com/2016/12/21/ncalj-final-report-wont-propose-restructuring-of-bar/

NC Supreme Court: NC State Bar v. Sutton (426A16), Notice of Appeal (by Sutton) and Motion to Dismiss (by NC State Bar

Notice of Appeal by Sutton and Motion to Dismiss by NC State Bar:
https://www.ncappellatecourts.org/show-file.php?document_id=197481

All documents in the case: https://www.ncappellatecourts.org/search-results.php?sDocketSearch=426A16&exact=1

NC Lawyers Weekly: First Amendment won’t stop bar discipline

http://nclawyersweekly.com/2016/10/20/first-amendment-wont-stop-bar-discipline/

First Amendment won’t stop bar discipline

By: David Donovan October 20, 2016

The First Amendment right to free speech does not immunize attorneys from disciplinary action for statements made outside of a courtroom setting, the North Carolina Court of Appeals has ruled.
The North Carolina State Bar properly exercised its discretion in suspending a Greenville attorney for five years due to a pattern of .... 
 
http://nclawyersweekly.com/2016/10/20/first-amendment-wont-stop-bar-discipline/

NC Lawyers Weekly: Attorneys – Discipline – Suspension – Disrupting Tribunals – Dishonesty

http://nclawyersweekly.com/2016/10/18/attorneys-discipline-suspension-disrupting-tribunals-dishonesty/

Attorneys – Discipline – Suspension – Disrupting Tribunals – Dishonesty

By: Teresa Bruno, Opinions Editor October 18, 2016

North Carolina State Bar v. Sutton (Lawyers Weekly No. 011-342-16, 46 pp.) (Mark Davis, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Holding: Given defendant’s rude, disruptive and dishonest statements and actions, as well as his stated refusal to change, the Disciplinary Hearing Commission of the State Bar showed that suspension of defendant’s law license ... 

http://nclawyersweekly.com/2016/10/18/attorneys-discipline-suspension-disrupting-tribunals-dishonesty/

NC Court of Appeals: NC State Bar v. Sutton (COA15-1198), Court Opinion

https://appellate.nccourts.org/opinions/?c=2&pdf=34155

RT: Forensics used to convict 1,000s of people may not be scientifically valid – report

https://www.rt.com/usa/360305-forensics-used-convict-thousands-invalid/

Forensics used to convict 1,000s of people may not be scientifically valid – report

Published time: 22 Sep, 2016 17:54

A fingerprint led to the arrest of New York and New Jersey bomber Ahmad Rahami, but a new report from a White House scientific advisory committee says much of what bitemark, hair, firearm and toolmark analyses provide does not meet scientific standards.

The White House’s Council of Advisors o ......

https://www.rt.com/usa/360305-forensics-used-convict-thousands-invalid/

NewsTalk: White House questions forensic techniques that may have resulted in false imprisonments

http://www.newstalk.com/White-House-questions-forensic-techniques-that-may-have-resulted-in-false-imprisonments

White House questions forensic techniques that may have resulted in false imprisonments

They request an entire review of some specific tests that are still widely used in criminal cases

The White House's Council of Advisors on Science and Technology published a report this week that many forensic techniques used by police and the Justice Department may not be accurate enough to be used in court cases and any subsequent convictions based on their results.

Techniques such as "bite-mark" tests and "shoe-print" analysis were found to have widely varying results depending ......

http://www.newstalk.com/White-House-questions-forensic-techniques-that-may-have-resulted-in-false-imprisonments

UPPROX: Some Criminal Forensics Techniques May Be Completely Useless, According To The White House

https://www.yahoo.com/news/criminal-forensics-techniques-may-completely-154500027.html

Some Criminal Forensics Techniques May Be Completely Useless, According To The White House

September 22, 2016

Criminal forensics has revolutionized enforcing the law, both in finding criminals and saving the innocent. But in light of some of the more bizarre techniques, scientists have been asking questions about the accuracy of some forensic techniques, and increasingly, some look like they may have no scientific evidence behind them at all.

The White House’s Council of Advisors on Science and Technology chose to follow up ona 2009 report from the Department of Justice that found worrying inconsistencies in some forensic techniques. In particular, there’s .....

https://www.yahoo.com/news/criminal-forensics-techniques-may-completely-154500027.html

News & Observer: Politics, new study prompt call for crime lab review

http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article103292067.html

Politics, new study prompt call for crime lab review

BY CRAIG JARVIS

cjarvis@newsobserver.com

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RALEIGH 

A Republican legislator on Wednesday called on the General Assembly and the N.C. Department of Justice to conduct a sweeping review of the State Crime Lab, in light of a new federal report that found pervasive weaknesses in forensic science across the country.

Rep. Marilyn Avila’s remarks were delivered through a couple of layers of politics: She spoke at a GOP news conference attacking Democratic .....

Read more here: http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article103292067.html#storylin

http://www.newsobserver.com/news/politics-government/politics-columns-blogs/under-the-dome/article103292067.html

ABA Journal: 'Voodoo science' is sending people to prison, Kozinski says

http://www.abajournal.com/news/article/voodoo_science_is_sending_people_to_prison_federal_appeals_judge_says

'Voodoo science' is sending people to prison, Kozinski says

POSTED SEP 21, 2016 01:12 PM CDT

BY DEBRA CASSENS WEISS

Many people languish in prison based on “voodoo science” that is presented as unassailable by forensic examiners, according to a federal appeals judge.

Writing for the Wall Street Journal, Judge Alex Kozinski calls for amending federal law to allow federal courts to grant relief to prisoners who can show they were convicted based on false or overstated expert testimony. Currently 

http://www.abajournal.com/news/article/voodoo_science_is_sending_people_to_prison_federal_appeals_judge_says