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

Daily Advance: High court should let Tillett case play out

http://www.dailyadvance.com/Our-Views/2016/09/04/High-court-should-let-Tillett-case-play-out.html

High court should let Tillett case play out

Sunday, September 4, 2016

The N.C. Supreme Court heard arguments last week on whether it should intervene and put a stop to an N.C. State Bar disciplinary hearing against Senior Resident Superior Court Judge Jerry Tillett of the 1st Judicial District. This was a big deal because the outcome could affect the chief...

http://www.dailyadvance.com/Our-Views/2016/09/04/High-court-should-let-Tillett-case-play-out.html

Daily Advance: Top court hears Tillett dispute

http://www.dailyadvance.com/News/2016/08/31/Court-hears-Tillett-dispute.html

Top court hears Tillett dispute

By William F. West
Staff Writer

Wednesday, August 31, 2016

RALEIGH — An attorney for the state agency that regulates attorneys in North Carolina told the state’s highest court on Tuesday that there would be no overlap of powers if the N.C. State Bar was allowed to proceed with disciplinary action against Superior Court Judge Jerry Tillett....

http://www.dailyadvance.com/News/2016/08/31/Court-hears-Tillett-dispute.html

NC Lawyers Weekly: Justices concerned over bar’s power to discipline judges

http://nclawyersweekly.com/2016/08/31/justices-concerned-over-bars-power-to-discipline-judges/

Justices concerned over bar’s power to discipline judges

By: David Donovan August 31, 2016

The North Carolina State Bar argued that it has the authority to discipline judges for judicial misconduct to the justices of the state’s Supreme Court on Aug. 30. But members of the court pressed the attorneys in the case on how any rules they lay down in the case of Dare County Superior Court Judge ...

http://nclawyersweekly.com/2016/08/31/justices-concerned-over-bars-power-to-discipline-judges/

NC Supreme Court: Nc State Bar v. Tillett (208PA15), Oral Argument 2016-08-30

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

Daily Advance: Top court to hear Tillett, Bar dispute

http://www.dailyadvance.com/News/2016/08/29/Top-court-to-hear-Tillett-Bar-dispute.html

Top court to hear Tillett, Bar dispute

By William F. West
Staff Writer

Monday, August 29, 2016

North Carolina’s highest court is scheduled to hear arguments this week on whether Senior Resident Superior Court Judge Jerry Tillett can be disciplined by two different state regulatory agencies for the same conduct.

The justices of the N.C. Supreme Court will hear oral arguments...

http://www.dailyadvance.com/News/2016/08/29/Top-court-to-hear-Tillett-Bar-dispute.html

Outer Banks Voice: Tillett motion says N.C. Bar unlawfully obtained files from JSC

http://outerbanksvoice.com/2016/06/27/tillett-motion-says-n-c-bar-unlawfully-obtained-files-from-jsc/

Tillett motion says N.C. Bar unlawfully obtained files from JSC

By Russ Lay on June 27, 2016

Did the North Carolina State Bar “unlawfully and improperly” obtain confidential files from the North Carolina Judicial Standards Commission that were used in disciplinary actions against Judge Jerry R. Tillett?

A “motion to dismiss” filed on May 24 by Tillett’s attorneys before the North Carolina’s Disciplinary Hearing Commission alleges the State Bar .... 

http://outerbanksvoice.com/2016/06/27/tillett-motion-says-n-c-bar-unlawfully-obtained-files-from-jsc/

NC Supreme Court: Record in NC State Bar v. Tillett (208PA15)

Record: https://www.ncappellatecourts.org/show-file.php?document_id=189528
Supplement to the record: https://www.ncappellatecourts.org/show-file.php?document_id=189529

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

Daily Advance: Court must rule on 'double punishment' in Tillett case

http://www.dailyadvance.com/Opinion/2016/06/05/Court-must-decide-double-punishment-in-Tillett-case.html

OUR VIEWS

Court must rule on 'double punishment' in Tillett case

The N.C. Supreme Court has halted the N.C. State Bar’s disciplining of Senior Resident Superior Court Judge Jerry Tillett for the moment, announcing recently it will hear arguments on whether it’s appropriate for the Bar to discipline a judge for conduct for which he’s already been punished.

The state’s top court, which had earlier denied Tillett’s petition to review the State Bar’s decision to discipline him, said in late May it had changed its mind. The justices said ......

http://www.dailyadvance.com/Opinion/2016/06/05/Court-must-decide-double-punishment-in-Tillett-case.html

NC Lawyers Weekly: Supreme Court unexpectedly wades into Tillett-State Bar dispute

http://nclawyersweekly.com/2016/06/02/supreme-court-unexpectedly-wades-into-tillett-state-bar-dispute/

By: David Donovan June 2, 2016

In an unexpected reversal, the North Carolina Supreme Court has agreed to hear a dispute between the state bar and Dare County Superior Judge Jerry Tillett over whether the bar has the authority to discipline sitting judges over conduct for which the judge has already been disciplined by the state’s Judicial Standards Commission. The May 28 ...

Read more: http://nclawyersweekly.com/2016/06/02/supreme-court-unexpectedly-wades-into-tillett-state-bar-dispute/#ixzz4AR594t4K

http://nclawyersweekly.com/2016/06/02/supreme-court-unexpectedly-wades-into-tillett-state-bar-dispute/

Law360: NC High Court Takes Up Judge Double Discipline Row

http://www.law360.com/articles/802574/nc-high-court-takes-up-judge-double-discipline-row

NC High Court Takes Up Judge Double Discipline Row

By Y. Peter Kang

Law360, Los Angeles (June 1, 2016, 5:40 PM ET) -- In a rare move, the North Carolina Supreme Court agreed to review a case to determine whether a sitting state judge already disciplined by a judicial oversight board must face a separate disciplinary review by the state bar for the same conduct. 
The state's high court said Friday that it reconsidered its January decision declining to hear whether Superior Court Judge Jerry Tillett must face .....

http://www.law360.com/articles/802574/nc-high-court-takes-up-judge-double-discipline-row