Wednesday, December 21, 2016

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

NC Lawyers Weekly: NCALJ final report won’t propose restructuring of bar

http://nclawyersweekly.com/2016/12/21/ncalj-final-report-wont-propose-restructuring-of-bar/

NCALJ final report won’t propose restructuring of bar (access required)


The upcoming final report from the North Carolina Commission on the Administration of Law and Justice will not recommend a restructuring of the North Carolina State Bar, according to the co-chair of the panel considering the ......

http://nclawyersweekly.com/2016/12/21/ncalj-final-report-wont-propose-restructuring-of-bar/

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/