State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_84 > GS_84-28_1

§ 84‑28.1.  Disciplinaryhearing commission.

(a)        There shall be adisciplinary hearing commission of the North Carolina State Bar which shallconsist of 20 members. Twelve of these members shall be members of the NorthCarolina State Bar, and shall be appointed by the Council. The other eightshall be citizens of North Carolina not licensed to practice law in this or anyother state, four of whom shall be appointed by the Governor, two by theGeneral Assembly upon the recommendation of the President Pro Tempore of theSenate in accordance with G.S. 120‑121, and two by the General Assemblyupon the recommendation of the Speaker of the House of Representatives inaccordance with G.S. 120‑121. The Council shall designate one of itsappointees as chair and another as vice‑chair. The chair shall haveactively practiced law in the courts of the State for at least 10 years. Exceptas set out herein, the terms of members of the commission are set at threeyears commencing on the first day of July of the year of their appointment. TheCouncil, the Governor, and the General Assembly respectively, shall appointmembers to fill unexpired terms when vacancies are created by resignation,disqualification, disability or death, except that vacancies in appointmentsmade by the General Assembly may also be filled as provided by G.S. 120‑122.No member may serve more than a total of seven years or a one‑year termand two consecutive three‑year terms: Provided, that any member or formermember who is designated chair may serve one additional three‑year termin that capacity. No member of the Council may be appointed to the commission.

(b)        The disciplinaryhearing commission of the North Carolina State Bar, or any committee of thedisciplinary hearing commission, may hold hearings in discipline, incapacityand disability matters, make findings of fact and conclusions of law afterthese hearings, enter orders necessary to carry out the duties delegated to itby the Council, and tax the costs to an attorney who is disciplined or is foundto be incapacitated or disabled.

(b1)      The disciplinaryhearing commission of the North Carolina State Bar, or any committee thereof,acting through its chairman, shall have the power to hold persons, firms orcorporations in contempt as provided in Chapter 5A.

(c)        Members of thedisciplinary hearing commission shall receive the same per diem and travelexpenses as are authorized for members of State commissions under G.S. 138‑5.(1975, c. 582,s. 6; 1979, c. 570, s. 8; 1983, c. 390, s. 4; 1995, c. 431, s. 19; c. 490, s.51; 2003‑116, s. 3; 2005‑396, s. 3.)