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

• You can download video HERE
• You can download entire video via dropbox or watch first 15min: https://www.dropbox.com/s/oixi8woq3wx0x9x/NC.State.Bar.v.Sutton_COA15-1198_Oral.Argument.2016-04-25.mp4
• You can watch youtube video here: https://youtu.be/LPpKOmKGaGo

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)

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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

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 

By: Phillip Bantz April 19, 2016

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/

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

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 Rob Morris 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/

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 

Agency accused of ignoring grievance against Roy Cooper

By: Phillip Bantz April 6, 2016

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/

Mimesis Law: FIXING THE DOUBLE STANDARD AT THE NORTH CAROLINA BAR

http://mimesislaw.com/fault-lines/fixing-the-double-standard-at-the-north-carolina-bar/6787

HomeFault Lines

Feb 12, 2016by Matt Brown -

FIXING THE DOUBLE STANDARD AT THE NORTH CAROLINA BAR

Feb. 12, 2016 (Mimesis Law) — In North Carolina, the State Bar doesn’t seem to treat prosecutors and defense attorneys the same when it comes to lawyer discipline. The News and Observer reports:

For most of 2015, the North Carolina State Bar vigorously and publicly pressed ethics charges against two anti-death penalty lawyers for what were eventually judged to be unimportant inaccuracies in two sworn affidavits.

During the same time, the bar privately dismissed complaints that three prominent prosecutors – one running for attorney ....

http://mimesislaw.com/fault-lines/fixing-the-double-standard-at-the-north-carolina-bar/6787

The Legal Reformer: Evaluation of the North Carolina State Bar

https://thelegalreformer.com/2016/02/10/evaluation-of-the-north-carolina-state-bar/

Evaluation of the North Carolina State Bar

Posted on February 10, 2016by The Legal Reformer

Something is rotten in the state of North Carolina . . . or at least in the State Bar (“Bar”). Former North Carolina Supreme Court Justice Bob Orr has called for a full independent review of the Bar, which is the entity that licenses and disciplines lawyers in North Carolina.

According to a February 6, 2015 article in The News & Observertitled, “Former NC Supreme Court justice calls for review of state bar,” Orr’s actions come as part of .....

https://thelegalreformer.com/2016/02/10/evaluation-of-the-north-carolina-state-bar/