Bill Summary for S 790 (2023-2024)

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Summary date: 

May 1 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 790 (Public) Filed Wednesday, May 1, 2024
AN ACT TO REQUIRE THE NORTH CAROLINA STATE BAR TO PROVIDE CERTAIN INFORMATION TO A RESPONDENT ATTORNEY WHEN DISCIPLINARY ACTION HAS BEEN RECOMMENDED, TO ALLOW A RESPONDENT ATTORNEY TO ADDRESS THE GRIEVANCE COMMITTEE AND TO HEAR THE OFFICE OF COUNSEL'S PRESENTATION TO THE COMMITTEE, TO IMPLEMENT A VEXATIOUS CONDUCT STANDARD FOR COMPLAINANTS FILING GRIEVANCES BEFORE THE NORTH CAROLINA STATE BAR, TO DEFINE A STANDING REQUIREMENT FOR THE FILING OF GRIEVANCES, TO DIRECT THE NORTH CAROLINA STATE BAR TO ADOPT RULES TO IMPLEMENT AN EXPUNGEMENT PROCESS FOR CERTAIN DISCIPLINARY ACTIONS, AND TO ALLOW THE NORTH CAROLINA STATE BAR TO ADOPT RULES TO IMPLEMENT THIS ACT, AS RECOMMENDED BY THE STATE BAR REVIEW COMMITTEE.
Intro. by Sawrey, Lee.

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Bill summary

Amends GS 84-28 to require the North Carolina State Bar (Bar) to include in any notice of alleged attorney misconduct served upon a respondent attorney a copy of the complaint, all non-privileged and non-work product material, financial audits, and exculpatory evidence presented to the Grievance Committee (Committee). Requires work product of the Bar that contains exculpatory evidence be provided to the respondent attorney. Provides for certification that the Bar does not possess exculpatory evidence if applicable. Requires the Bar provide the respondent attorney an opportunity to address the Grievance Committee at the initial probable cause hearing and to hear the Office of Counsel's (Office) presentation of the case to the Committee.

Enacts GS 84-28.3, authorizing the Office and Committee to designate a person as a vexatious complainant and decline to review and process subsequent grievances from a person so designated unless the grievance is submitted (1) with verification signed by the complainant that the alleged misconduct is true under penalty of perjury and (2) by another active member of the Bar not current disciplinary respondent; if the vexatious complainant is licensed by the Bar, grievances must be submitted by an active member not currently a disciplinary respondent and who is not also designated as a vexatious complainant. Authorizes designation as a vexatious complainant if the person has initiated grievances alleging attorney misconduct which would fail to constitute a violation of the Rules of Professional Conduct if proven, or if available evidence conclusively disproves the allegations, in a manner and volume that amounts to an abuse of the bar disciplinary process, as defined. Provides for notice of the designation and a procedure for review of the designation before the Disciplinary Hearing Commission. Deems a designation by the Bar final and conclusive and not subject to review or reversal except by the Bar itself. 

Enacts GS 84.28.4, establishing standing required to file a grievance with the Bar. Requires that the grievance allege conduct that would constitute attorney misconduct by violation of GS Chapter 84 or the Rules of Professional Conduct if true. Limits persons who may file grievances to seven categories of individuals, including attorneys and judges under professional obligation to report misconduct; judges, attorneys, court staff or jurors in the subject legal matter; a family member of a ward in a subject guardianship proceeding or of a decedent in a subject probate matter; a trustee or executor of a subject trust, estate, or bankruptcy matter; or a person who has a cognizable individual interest in or connection to the legal matter or facts alleged. Specifies that the Bar has authority to open and investigate grievances upon its own initiative if facts alleging attorney misconduct are discovered by the Bar.

Authorizes the Bar to adopt rules to implement these statutory changes. Makes the above provisions effective July 1, 2024.

Directs the Bar to adopt rules to implement an expungement process for certain disciplinary actions against respondent attorneys by the Bar, following recommendations by the State Bar Review Committee.