Showing posts with label NC Bar v Sutton. Show all posts
Showing posts with label NC Bar v Sutton. Show all posts

Thursday, October 20, 2016

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

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/

Tuesday, October 18, 2016

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

 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

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