North Carolina § 84-32 - Records and judgments and their effect; restoration of licenses.

§ 84-32. Records and judgments and their effect; restoration of licenses.

In cases heard by the disciplinary hearing commission or any committee thereof, the proceedings shall be recorded by a certified court reporter and an official copy of all exhibits introduced into evidence shall be made and preserved in the office of the secretary-treasurer. Final judgments of censure, whether issued by the State Bar Grievance Committee or the disciplinary hearing commission, and final orders of suspension or disbarment issued by the disciplinary hearing commission shall be entered upon the judgment docket of the superior court in the district wherein the respondent resides or practices law, and also upon the minutes of the Supreme Court of North Carolina; and the judgment shall be effective throughout the State. Final determinations of incapacity or disability, whether issued by the State Bar Grievance Committee or the disciplinary hearing commission, shall be entered upon the judgment docket of the superior court in the same manner as final judgments of censure, suspension, or disbarment, and the determination shall be effective throughout the State. Whenever any attorney desires to voluntarily surrender his license, the attorney must tender the license and a written resignation to the Council. The Council, in its discretion, may accept or reject the tender. If the tender is accepted, the Council shall enter an order of disbarment. A copy of any order of disbarment shall be filed with the clerk of the superior court of the county where the respondent resides, maintains an office, or practices law and also upon the minutes of the Supreme Court of North Carolina. The judgment shall be effective throughout the State. Whenever any attorney has been deprived of the attorney's license by suspension or disbarment, the Council or the disciplinary hearing commission or the secretary-treasurer may, in accordance with rules and regulations prescribed by the Council, restore the license upon due notice being given and satisfactory evidence produced of proper reformation of the suspended or disbarred attorney and of satisfaction of any conditions precedent to restoration. The Council has jurisdiction to determine any petition seeking the reinstatement of the license of any attorney disbarred or suspended by any court in its inherent power when requested by the court. The proceeding shall be governed by the rules and regulations adopted by the Council. The disbarred or suspended attorney shall satisfy all conditions precedent to reinstatement generally imposed upon attorneys disbarred or suspended by the disciplinary hearing commission or the Council, as well as any conditions imposed by the court. Under no circumstances shall an attorney disbarred by a court or by the North Carolina State Bar be reinstated prior to five years from the effective date of the order of disbarment. History (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; 2019-243, s. 9.) Cross References. - As to issuance of written license upon restoration of license to practice, see G.S. 84-24. Effect of Amendments. - Session Laws 2019-243, s. 9, effective November 6, 2019, in subsection (a), in the second sentence, inserted "censure, whether issued by the State Bar Grievance Committee or the disciplinary hearing commission, and final orders of" and inserted "issued by the disciplinary hearing commission"; and added the last sentence.