Tuesday, May 31, 2016

Daily Advance: Court orders hearing in Tillett case

http://www.dailyadvance.com/News/2016/05/31/N-C-Supreme-Court-orders-hearing-in-Tillett-case.html

Court orders hearing in Tillett case


William F. West
Staff Writer
Tuesday, May 31, 2016
The state’s highest court has agreed to review whether the region’s chief judge can be disciplined twice for the same conduct — reversing its earlier decision not to intervene in the matter.
In an order issued Friday afternoon, the N.C. Supreme Court said it plans to hold a hearing on Senior Resident Superior Court Judge Jerry Tillett’s petition to stop ......

http://www.dailyadvance.com/News/2016/05/31/N-C-Supreme-Court-orders-hearing-in-Tillett-case.html

Saturday, May 28, 2016

Outer Banks Voice: State Supreme Court orders halt to Bar action against Tillett

http://outerbanksvoice.com/2016/05/28/state-supreme-court-orders-halt-to-bar-action-against-tillett/

State Supreme Court orders halt to Bar action against Tillett

By  on May 28, 2016
In a surprise move Friday, the North Carolina Supreme Court reversed a January decision and decided to take up the question of whether the North Carolina State Bar has the power to discipline a judge who has already been disciplined by the Judicial Standards Commission.

The order also puts a hold on further action by the State Bar against Superior Court Judge Jerry Tillett, stating “All other proceedings in this matter are hereby stayed pending full .....


http://outerbanksvoice.com/2016/05/28/state-supreme-court-orders-halt-to-bar-action-against-tillett/


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

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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