State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_84 > GS_84-32

§ 84‑32.  Records andjudgments and their effect; restoration of licenses.

(a)        In cases heard bythe disciplinary hearing commission or any committee thereof, the proceedingsshall be recorded by a certified court reporter and an official copy of allexhibits introduced into evidence shall be made and preserved in the office ofthe secretary‑treasurer. Final judgments of suspension or disbarmentshall be entered upon the judgment docket of the superior court in the districtwherein the respondent resides or practices law, and also upon the minutes ofthe Supreme Court of North Carolina; and the judgment shall be effectivethroughout the State.

(b)        Whenever anyattorney desires to voluntarily surrender his license, the attorney must tenderthe license and a written resignation to the Council. The Council, in itsdiscretion, may accept or reject the tender. If the tender is accepted, theCouncil shall enter an order of disbarment. A copy of any order of disbarmentshall be filed with the clerk of the superior court of the county where therespondent resides, maintains an office, or practices law and also upon theminutes of the Supreme Court of North Carolina. The judgment shall be effectivethroughout the State.

(c)        Whenever anyattorney has been deprived of the attorney's license by suspension ordisbarment, the Council or the disciplinary hearing commission or the secretary‑treasurermay, in accordance with rules and regulations prescribed by the Council,restore the license upon due notice being given and satisfactory evidenceproduced of proper reformation of the suspended or disbarred attorney and ofsatisfaction of any conditions precedent to restoration.

(d)        The Council hasjurisdiction to determine any petition seeking the reinstatement of the licenseof any attorney disbarred or suspended by any court in its inherent power whenrequested by the court. The proceeding shall be governed by the rules andregulations adopted by the Council. The disbarred or suspended attorney shallsatisfy all conditions precedent to reinstatement generally imposed uponattorneys disbarred or suspended by the disciplinary hearing commission or theCouncil, as well as any conditions imposed by the court. Under no circumstancesshall an attorney disbarred by a court or by the North Carolina State Bar bereinstated prior to five years from the effective date of the order ofdisbarment. (1933, c. 210, s. 15; 1935, c. 74, s. 2; 1953, c.1310, s. 4; 1959, c. 1282, s. 2; 1975, c. 582, s. 10; 1983, c. 390, s. 5; 1995,c. 431, s. 23.)