State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-377

§ 7A‑377.  Procedures.

(a)        Any citizen of theState may file a written complaint with the Commission concerning thequalifications or conduct of any justice or judge of the General Court ofJustice, and thereupon the Commission shall make such investigation as it deemsnecessary. The Commission may also make an investigation on its own motion. TheCommission may issue process to compel the attendance of witnesses and theproduction of evidence, to administer oaths, and to punish for contempt. Nojustice or judge shall be recommended for censure, suspension, or removalunless he has been given a hearing affording due process of law.

(a1)      Unless otherwisewaived by the justice or judge involved, all papers filed with and proceedingsbefore the Commission, including any investigation that the Commission maymake, are confidential, and no person shall disclose information obtained fromCommission proceedings or papers filed with or by the Commission, except asprovided herein. Those papers are not subject to disclosure under Chapter 132of the General Statutes.

(a2)      Informationsubmitted to the Commission or its staff, and testimony given in any proceedingbefore the Commission, shall be absolutely privileged, and no civil actionpredicated upon that information or testimony may be instituted against anycomplainant, witness, or his or her counsel.

(a3)      If, after aninvestigation is completed, the Commission concludes that a letter of cautionis appropriate, it shall issue to the judge a letter of caution in lieu of anyfurther proceeding in the matter. The issuance of a letter of caution isconfidential in accordance with subsection (a1) of this section.

(a4)      If, after aninvestigation is completed, the Commission concludes that a public reprimand isappropriate, the judge shall be served with a copy of the proposed reprimandand shall be allowed 20 days within which to accept the reprimand or to rejectit and demand, in writing, that disciplinary proceedings be instituted inaccordance with subsection (a5) of this section. A public reprimand, whenissued by the Commission and accepted by the respondent judge, is notconfidential.

(a5)      If, after aninvestigation is completed, the Commission concludes that disciplinaryproceedings should be instituted, the notice and statement of charges filed bythe Commission, along with the answer and all other pleadings, are notconfidential. Disciplinary hearings ordered by the Commission are notconfidential, and recommendations of the Commission to the Supreme Court, alongwith the record filed in support of such recommendations are not confidential.Testimony and other evidence presented to the Commission is privileged in anyaction for defamation. At least five members of the Commission must concur inany recommendation to censure, suspend, or remove any judge. A respondent whois recommended for censure, suspension, or removal is entitled to a copy of theproposed record to be filed with the Supreme Court, and if the respondent hasobjections to it, to have the record settled by the Commission's chair. Therespondent is also entitled to present a brief and to argue the respondent'scase, in person and through counsel, to the Supreme Court. A majority of themembers of the Supreme Court voting must concur in any order of censure,suspension, or removal. The Supreme Court may approve the recommendation,remand for further proceedings, or reject the recommendation. A justice of theSupreme Court or a member of the Commission who is a judge is disqualified fromacting in any case in which he is a respondent.

(b)        Repealed by SessionLaws 2006‑187, s. 11, effective January 1, 2007.

(c)        The Commission mayissue advisory opinions to judges, in accordance with rules and proceduresadopted by the Commission.

(d)        The Commission hasthe same power as a trial court of the General Court of Justice to punish forcontempt, or for refusal to obey lawful orders or process issued by theCommission. (1971,c. 590, s. 1; 1973, c. 808; 1989 (Reg. Sess., 1990), c. 995, s. 2; 1997‑72,s. 2; 2006‑187, s. 11.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-377

§ 7A‑377.  Procedures.

(a)        Any citizen of theState may file a written complaint with the Commission concerning thequalifications or conduct of any justice or judge of the General Court ofJustice, and thereupon the Commission shall make such investigation as it deemsnecessary. The Commission may also make an investigation on its own motion. TheCommission may issue process to compel the attendance of witnesses and theproduction of evidence, to administer oaths, and to punish for contempt. Nojustice or judge shall be recommended for censure, suspension, or removalunless he has been given a hearing affording due process of law.

(a1)      Unless otherwisewaived by the justice or judge involved, all papers filed with and proceedingsbefore the Commission, including any investigation that the Commission maymake, are confidential, and no person shall disclose information obtained fromCommission proceedings or papers filed with or by the Commission, except asprovided herein. Those papers are not subject to disclosure under Chapter 132of the General Statutes.

(a2)      Informationsubmitted to the Commission or its staff, and testimony given in any proceedingbefore the Commission, shall be absolutely privileged, and no civil actionpredicated upon that information or testimony may be instituted against anycomplainant, witness, or his or her counsel.

(a3)      If, after aninvestigation is completed, the Commission concludes that a letter of cautionis appropriate, it shall issue to the judge a letter of caution in lieu of anyfurther proceeding in the matter. The issuance of a letter of caution isconfidential in accordance with subsection (a1) of this section.

(a4)      If, after aninvestigation is completed, the Commission concludes that a public reprimand isappropriate, the judge shall be served with a copy of the proposed reprimandand shall be allowed 20 days within which to accept the reprimand or to rejectit and demand, in writing, that disciplinary proceedings be instituted inaccordance with subsection (a5) of this section. A public reprimand, whenissued by the Commission and accepted by the respondent judge, is notconfidential.

(a5)      If, after aninvestigation is completed, the Commission concludes that disciplinaryproceedings should be instituted, the notice and statement of charges filed bythe Commission, along with the answer and all other pleadings, are notconfidential. Disciplinary hearings ordered by the Commission are notconfidential, and recommendations of the Commission to the Supreme Court, alongwith the record filed in support of such recommendations are not confidential.Testimony and other evidence presented to the Commission is privileged in anyaction for defamation. At least five members of the Commission must concur inany recommendation to censure, suspend, or remove any judge. A respondent whois recommended for censure, suspension, or removal is entitled to a copy of theproposed record to be filed with the Supreme Court, and if the respondent hasobjections to it, to have the record settled by the Commission's chair. Therespondent is also entitled to present a brief and to argue the respondent'scase, in person and through counsel, to the Supreme Court. A majority of themembers of the Supreme Court voting must concur in any order of censure,suspension, or removal. The Supreme Court may approve the recommendation,remand for further proceedings, or reject the recommendation. A justice of theSupreme Court or a member of the Commission who is a judge is disqualified fromacting in any case in which he is a respondent.

(b)        Repealed by SessionLaws 2006‑187, s. 11, effective January 1, 2007.

(c)        The Commission mayissue advisory opinions to judges, in accordance with rules and proceduresadopted by the Commission.

(d)        The Commission hasthe same power as a trial court of the General Court of Justice to punish forcontempt, or for refusal to obey lawful orders or process issued by theCommission. (1971,c. 590, s. 1; 1973, c. 808; 1989 (Reg. Sess., 1990), c. 995, s. 2; 1997‑72,s. 2; 2006‑187, s. 11.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-377

§ 7A‑377.  Procedures.

(a)        Any citizen of theState may file a written complaint with the Commission concerning thequalifications or conduct of any justice or judge of the General Court ofJustice, and thereupon the Commission shall make such investigation as it deemsnecessary. The Commission may also make an investigation on its own motion. TheCommission may issue process to compel the attendance of witnesses and theproduction of evidence, to administer oaths, and to punish for contempt. Nojustice or judge shall be recommended for censure, suspension, or removalunless he has been given a hearing affording due process of law.

(a1)      Unless otherwisewaived by the justice or judge involved, all papers filed with and proceedingsbefore the Commission, including any investigation that the Commission maymake, are confidential, and no person shall disclose information obtained fromCommission proceedings or papers filed with or by the Commission, except asprovided herein. Those papers are not subject to disclosure under Chapter 132of the General Statutes.

(a2)      Informationsubmitted to the Commission or its staff, and testimony given in any proceedingbefore the Commission, shall be absolutely privileged, and no civil actionpredicated upon that information or testimony may be instituted against anycomplainant, witness, or his or her counsel.

(a3)      If, after aninvestigation is completed, the Commission concludes that a letter of cautionis appropriate, it shall issue to the judge a letter of caution in lieu of anyfurther proceeding in the matter. The issuance of a letter of caution isconfidential in accordance with subsection (a1) of this section.

(a4)      If, after aninvestigation is completed, the Commission concludes that a public reprimand isappropriate, the judge shall be served with a copy of the proposed reprimandand shall be allowed 20 days within which to accept the reprimand or to rejectit and demand, in writing, that disciplinary proceedings be instituted inaccordance with subsection (a5) of this section. A public reprimand, whenissued by the Commission and accepted by the respondent judge, is notconfidential.

(a5)      If, after aninvestigation is completed, the Commission concludes that disciplinaryproceedings should be instituted, the notice and statement of charges filed bythe Commission, along with the answer and all other pleadings, are notconfidential. Disciplinary hearings ordered by the Commission are notconfidential, and recommendations of the Commission to the Supreme Court, alongwith the record filed in support of such recommendations are not confidential.Testimony and other evidence presented to the Commission is privileged in anyaction for defamation. At least five members of the Commission must concur inany recommendation to censure, suspend, or remove any judge. A respondent whois recommended for censure, suspension, or removal is entitled to a copy of theproposed record to be filed with the Supreme Court, and if the respondent hasobjections to it, to have the record settled by the Commission's chair. Therespondent is also entitled to present a brief and to argue the respondent'scase, in person and through counsel, to the Supreme Court. A majority of themembers of the Supreme Court voting must concur in any order of censure,suspension, or removal. The Supreme Court may approve the recommendation,remand for further proceedings, or reject the recommendation. A justice of theSupreme Court or a member of the Commission who is a judge is disqualified fromacting in any case in which he is a respondent.

(b)        Repealed by SessionLaws 2006‑187, s. 11, effective January 1, 2007.

(c)        The Commission mayissue advisory opinions to judges, in accordance with rules and proceduresadopted by the Commission.

(d)        The Commission hasthe same power as a trial court of the General Court of Justice to punish forcontempt, or for refusal to obey lawful orders or process issued by theCommission. (1971,c. 590, s. 1; 1973, c. 808; 1989 (Reg. Sess., 1990), c. 995, s. 2; 1997‑72,s. 2; 2006‑187, s. 11.)