STATE BAR GRIEVANCE PROCESS/ETHICS RECORDS. (NEW)

View NCGA Bill Details2021
House Bill 869 (Public) Filed Tuesday, May 4, 2021
AN ACT TO CREATE A GRIEVANCE REVIEW PANEL OF THE GRIEVANCE COMMITTEE OF THE NORTH CAROLINA STATE BAR AND TO PRESERVE THE CONFIDENTIALITY OF THE ETHICS PROCESS.
Intro. by Stevens, Reives.

Status: Ch. SL 2022-61 (Jul 8 2022)

SOG comments (2):

Long title change

House amendment to the 1st edition changed the long title. Original title was AN ACT TO REQUIRE CERTAIN DISCLOSURES TO CONSUMERS OF HIGH-VOLUME THIRD-PARTY SELLERS USING ONLINE MARKETPLACES.

Long title change

Senate amendment to the 3rd edition changed the long title. Previous title was AN ACT TO CREATE A GRIEVANCE REVIEW PANEL OF THE GRIEVANCE COMMITTEE OF THE NORTH CAROLINA STATE BAR, TO ALLOW THE AWARDING OF REASONABLE ATTORNEYS' FEES FOR LICENSEES OF THE NORTH CAROLINA STATE BAR IF NOT DISCIPLINED AFTER A HEARING, AND TO PRESERVE THE CONFIDENTIALITY OF THE ETHICS PROCESS.

Bill History:

H 869/S.L. 2022-61

Bill Summaries:

  • Summary date: Jul 26 2022 - More information

    AN ACT TO CREATE A GRIEVANCE REVIEW PANEL OF THE GRIEVANCE COMMITTEE OF THE NORTH CAROLINA STATE BAR AND TO PRESERVE THE CONFIDENTIALITY OF THE ETHICS PROCESS. SL 2022-61. Enacted July 8, 2022. Effective July 8, 2022, except as otherwise provided.


  • Summary date: Jun 16 2022 - More information

    Senate amendment to the 3rd edition makes the following changes.

    Deletes proposed new subsection (d2) to GS 84-28, which proposed to allow an attorney respondent in an action before the NC State Bar's Disciplinary Hearing Commission who is found not to have committed any violations of the Rules of Professional Conduct to be awarded reasonable attorneys' fees incurred in the action before the State Bar, to be paid by the State Bar. Makes technical changes to the act's effective date provisions applicable to the remaining changes proposed to GS 84-28.

    Changes the act's long title. 


  • Summary date: Jun 14 2022 - More information

    Senate committee substitute replaces the content of the 2nd edition with the following.

    Enacts new subsections to GS 84-28 relating to attorney discipline and disbarment. Creates a grievance review panel of the Grievance Committee of the State Bar, to be operated pursuant to rules and procedures adopted by the State Bar Council and approved by the Supreme Court. Provides for appointment of the panel for each review by the chair of the Grievance Committee, consisting of the chair, two vice-chairs, and two other members of the Grievance Committee, including one public member. Requires the panel to review a decision of the Grievance Committee that imposes public discipline upon a requesting respondent. Provides for rights of a respondent at the panel's review, including allowing the respondent to appear before and present oral argument to, and be represented by council at the panel, and excluding the right to compel the attendance of witnesses or the production of evidence. Authorizes the panel to concur or remand the Committee's decision with recommendation for a different disposition. Authorizes the Grievance Committee to affirm its decision or impose a different disposition of the file. Deems all panel proceedings and materials confidential. Additionally, allows an attorney respondent in an action before the Disciplinary Hearing Commission who is found not to have committed any violations of the Rules of Professional Conduct to be awarded reasonable attorneys' fees incurred in that action before the State Bar, to be paid by the State Bar, not to exceed the disciplinary costs and fees allowed to be assessed against respondents under GS 84-28.1 and GS 84-34.2(5). Excludes settlement entered into between the State Bar and the attorney to conclude an action. 

    Makes conforming changes to GS 84-32.1, deeming documentary materials of the grievance review panel not public record. Adds a new subsection deeming all documentary material, regardless of form, in possession of the State Bar, its agents, or Ethics Committee advisory members, concerning requests for ethics advice not public record unless the material appears in a public agenda of the Ethics Committee with the consent of the inquiring party. 

    Directs the State Bar to adopt temporary implementing rules. 

    Changes the act's titles. 


  • Summary date: May 12 2021 - More information

    House amendment to the 1st edition makes the following changes. Deletes the content of the previous edition, which proposed Article 49, Regulation of Online Marketplace Transactions, and replaces it with the following. Requires the Legislative Research Commission (LRC) to study revising the laws in GS Chapter 14 relating to the criminal activity of organized retail crime which is having a negative impact on the State's economy, business, and citizens. Sets out four items that must be included in the study and allows the LRC to study any other matters it deems relevant. Requires the LRC to report to the 2022 Regular Session of the 2021 General Assembly upon its convening. Makes conforming changes to the act's titles.


  • Summary date: May 6 2021 - More information

    Enacts Article 49, Regulation of Online Marketplace Transactions, to GS Chapter 66 as follows. States the Article's purpose and sets forth five defined terms. 

    Requires an online marketplace to require that any high-volume third-party seller on the platform provide the online marketplace with specified information within three business days of becoming a high-volume third-party seller, including the deposit account information from a financial institution or payee information, contact information, and a business tax identification number or a taxpayer identification number. Requires the online marketplace to verify the information and documents provided within three business days of receipt; presumes verification of valid government-issued tax documents as of the date of issuance. 

    Defines high-volume third-party seller as a participant in an online marketplace that is a third-party seller and that, in any 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new consumer goods resulting in the accumulation of an aggregate total of $5,000 or more in gross revenues in this State.

    Requires an online marketplace to annually send a notice to high-volume third-party sellers on its platform to require such sellers to update the required information and documents if applicable within three days of receiving the notice. Requires that the high-volume third-party seller certify that the information is unchanged or that the seller will provide changes as necessary, with suspension of selling privileges suspended if the seller does not certify that the information is unchanged or provide updated information within three business days of receipt of the notification. 

    Establishes specified disclosures an online marketplace must make to customers on the consumer good listing or through a link placed on the consumer good listing regarding the high-volume third-party seller. 

    Provides for suspension of selling privileges on the online marketplace if a high-volume third-party seller does not provide full disclosure of its full physical address and email within three business days of the online marketplace's demand following becoming aware of the seller's false representation of its full physical address nd telephone number.

    Requires an online marketplace to provide consumers a reporting mechanism on the consumer good listing that allows for electronic and telephonic reporting of suspicious activity and encouraging consumer reporting. Specifies that the ability of online marketplaces to provide additional measures to prevent the sale of fraudulent, stolen, or counterfeit consumer goods on its platform is not affected.

    Deems any violation of the new Article an unfair and deceptive trade practice under GS Chapter 75.

    Effective December 1, 2021. 


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