Bill Summary for S 790 (2023-2024)

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Summary date: 

May 14 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

Senate committee substitute to the 1st edition makes the following changes.

Removes the proposed language in GS 84-28 concerning the discipline and disbarment of attorneys, and instead adds the following. Requires the North Carolina State Bar (Bar), when it serves a letter of notice alleging attorney misconduct on a respondent attorney, to provide the respondent attorney, when they request it, a complete copy of the complaint, including supporting materials. Allows redacting the complainant’s identifying information when the complaint is submitted by an attorney or judge under their obligation to report misconduct.

Requires the Bar to provide an attorney with the following when the Bar’s Office of Counsel recommends disciplinary action: (1) all non-privileged, non-work product material and financial audits provided to the Grievance Committee in the respondent attorney's matter, and any evidence in the Bar's possession which indicates the respondent attorney did not engage in the alleged misconduct, or a certification that no such evidence is in the Bar's possession. These materials must be provided at least 30 days prior to the Grievance Committee's consideration of the Office of Counsel's recommendation and (2) an opportunity to address the Grievance Committee or its subcommittee and to hear the Office of Counsel's presentation of the factual basis for its recommendation.

Amends GS 84-28.1 by adding the requirement that the Bar’s disciplinary hearing commission, or any of the commission’s committees, comply with the requirements of GS Chapter 84.

Makes the following changes to new GS 84-28.3, vexatious complainants. Removes the Office of Counsel from those entities that may designate a person a vexatious complainant, giving that power solely to the chair of the Grievance committee. Makes the Bar, instead of the Office of Counsel, responsible for mailing a notice of the vexatious designation to the complainant. Adds that if the complainant does not request review of the vexatious designation, then the designation is final and not subject to further review. Amends the process under which the chair of the Disciplinary Hearing Commission completes a requested review of the vexatious complainant designation to provide that the Office of Counsel may file a response to the complainant’s request for review (was, may file and serve an answer). Allows the chair of the Disciplinary Hearing Commission to either uphold or vacate the designation (was, may either concur in the decision of the Office of Counsel and the chair of the Grievance Committee or remand the matter to the Office of Counsel and the chair of the Grievance Committee for further consideration). Makes conforming changes. Specifies that a designation as vexatious under the statute is final and conclusive and not subject to review or reversal. Amends the conditions under which the office of Counsel may review and process a subsequent grievance submitted by a person designated as vexatious, to require it be submitted by a member of the Bar who, in addition to having an active license, (1) is not designated as a vexatious complainant and (2) is not currently the respondent in a pending grievance investigation or the defendant in a disciplinary proceeding (was, is not currently the respondent in disciplinary proceedings before the Bar). Makes conforming changes. Makes an additional clarifying change.

Amends proposed new GS 84-28.4, standing requirements to file grievance, as follows. Amends who is allowed to file a grievance, to include the party or client in the legal matter that is the subject of the grievance, and the representative of, in addition to the person, who has a cognizable interest in or connection to the legal matter or facts alleged in the grievance; removes: (1) a family member of a ward in a guardianship proceeding that is the subject to the grievance, (2) a family member of a decedent in a probate matter that is the subject of the grievance, (3) a trustee of a trust or an executor of an estate if the matter that is the subject of the grievance relates to the trust or estate, and (4) a trustee in a bankruptcy that is the subject of the grievance. Makes an additional clarifying change.

Now requires the Bar to adopt temporary rules to implement the expungement process for certain disciplinary actions against respondent attorneys by October 31, 2024, and sets a deadline of January 31, 2025, for the adoption of permanent rules.

Amends GS 84-23 to give the Bar Counsel power to expunge disciplinary actions.

Changes the act’s effective date so that the entire act is effective August 1, 2024.

Changes the act’s long title.