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

ABA Journal: Can state bar discipline judge already reprimanded by judicial regulator? NC high court to decide

Article version:

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

Earlier version:

http://www.abajournal.com/mobile/article/can_state_bar_discipline_judge_already_reprimanded_by_judicial_regulator_nc

LEGAL ETHICS

Can state bar discipline judge already reprimanded by judicial regulator? NC high court to decide

By Debra Cassens Weiss

Jun 1, 2016, 08:14 am CDT

The North Carolina Supreme Court has agreed to decide whether a judge already reprimanded by the Judicial Standards Commission can be disciplined by the state bar for the same conduct.

In an order issued on its own accord on Friday, the court took up the case of Judge Jerry Tillett ....

http://www.abajournal.com/mobile/article/can_state_bar_discipline_judge_already_reprimanded_by_judicial_regulator_nc

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

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 Russ Lay 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/

NC Supreme Court: Order for discretionary review in case: NC State Bar v. Tillett (208PA15)

https://www.ncappellatecourts.org/show-file.php?document_id=188849

NCBAR: NCSB v. Jerry R. Tillett, 15DHC7, Motion to Dismiss and for Appropriate Relief and Request for Hearing and Oral Argument

Motion to Dismiss and for Appropriate Relief and Request for Hearing and Oral Argument

Obtained as part of the Record in Supreme court Case 208PA15, Supplement pages 224-249.

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