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NC S790

Bill

Status

Passed

6/28/2024

Primary Sponsor

Benton Sawrey

Click for details

Origin

Senate

2023-2024 Session

AI Summary

Senate Bill 790 Summary

  • North Carolina State Bar must provide respondent attorneys with complete copies of complaints and supporting materials upon request, with complainant identification redacted for attorney/judge-submitted complaints.

  • When disciplinary action is recommended, the State Bar must provide all non-privileged materials and evidence of non-misconduct at least 30 days before Grievance Committee review, and allow the attorney to address the committee and hear the Office of Counsel's presentation.

  • Establishes vexatious complainant designation allowing the Grievance Committee chair to designate persons who file grievances that would not constitute violations or are conclusively disproven, with review available to the Disciplinary Hearing Commission chair within 30 days.

  • Vexatious complainants' future grievances require verification under penalty of perjury and submission by an active State Bar member with no pending investigations, unless the complainant is an attorney.

  • Defines standing requirements limiting grievances to mandatory reporters, persons involved in the legal matter, or those with a cognizable interest, while allowing the State Bar to investigate grievances on its own initiative.

  • State Bar must adopt temporary expungement rules for disciplinary actions by October 31, 2024, and permanent rules by January 31, 2025, following State Bar Review Committee recommendations.

  • Act effective August 1, 2024, for grievances filed on or after that date.

Legislative Description

State Bar Review Committee Recommendations

Administrative Code; Administrative Rules; Attorneys; Commissions; Disciplinary Hearing Comn.; Employment; Ethics; Licensing & C

Last Action

Ch. SL 2024-25

6/28/2024

Committee Referrals

Rules, Calendar, and Operations of the House6/5/2024
Judiciary I6/3/2024
Rules, Calendar, and Operations of the House5/28/2024
Rules and Operations of the Senate5/14/2024
Judiciary5/2/2024
Rules and Operations of the Senate5/2/2024

Full Bill Text

No bill text available