N.C. Jud. Standards Comm'n R. 2

(a) Officers. The Commission shall have a Chairperson and a

Vice-Chairperson, who are the North Carolina Court of Appeals members of the

Commission. The Executive Director shall serve as the secretary to the Commission

and to each panel and shall perform other duties as the Commission or a panel may

assign.

(b) Panels. The Chairperson shall divide the Commission into 2 panels,

designated Panel A and Panel B.

(1) The Chairperson shall be assigned to Panel A or Panel B and

preside at the meetings of that panel. The Vice-Chairperson shall

be assigned to and preside at the meetings of the other panel. If

the Chairperson or Vice-Chairperson is absent from a meeting of

their assigned panel, then the other person shall attend and

preside at the meeting. If both the Chairperson and

Vice-Chairperson are unable to attend a panel meeting, then the

superior court judge assigned to that panel with the longest

tenure on the Commission shall preside at the meeting unless

otherwise designated by the Chairperson or Vice-Chairperson.

(2) The Chairperson shall assign the other members of

the Commission to serve on Panel A or Panel B, each panel to

include, in addition to either the Chairperson or

Vice-Chairperson, 1 superior court judge and 1 district court

judge appointed by the Chief Justice, 1 superior court judge and

1 district court judge appointed by the General Assembly,

1 citizen appointed by the Governor, and 1 citizen appointed by

the General Assembly.

(3) If the Chairperson or Vice-Chairperson is disqualified from

considering a matter at a meeting of their assigned panel, then

the other person shall attend the meeting and preside over the

consideration of that matter. If both the Chairperson and

Vice-Chairperson are disqualified from considering a matter,

then the superior court judge assigned to that panel with the

longer tenure on the Commission shall preside over the

consideration of the matter. If the superior court judge is absent

or is disqualified from considering the matter, then the other

superior court judge assigned to that panel shall preside over the

consideration of the matter. A superior court judge who presides

over a matter shall have the same authority over the matter that

the Chairperson or Vice-Chairperson has under these rules.

(4) Each panel shall serve as an investigative panel at its regular

business meetings for purposes of reviewing complaints, ordering

investigations, and authorizing the initiation of disciplinary or

disability proceedings. Each panel shall also serve as a hearing

panel for any disciplinary or disability proceeding authorized by

the other panel. No panel may function as both an investigative

and a hearing panel in the same matter. A Chairperson or

Vice-Chairperson who has considered a matter while serving on

an investigative panel may preside over the consideration of that

same matter by a hearing panel. However, a Chairperson or

Vice-Chairperson who has voted on a motion to charge a judge

while serving on an investigative panel may not vote during a

hearing panel’s consideration of that matter. Otherwise, no

member shall be assigned to both an investigative panel and a

hearing panel for consideration of the same matter.

(c) Panel Meetings. Panel meetings shall occur pursuant to the following

requirements:

(1) Unless prevented by exigent circumstances, Panel A and Panel B

shall each meet at least 5 times per calendar year on a rotating

schedule promulgated by the Chairperson. Upon the call of the

Chairperson, additional or special panel meetings may also be

convened as needed to conduct or conclude the panel’s business.

(2) Each panel member, including the Chairperson,

Vice-Chairperson, or other presiding member, shall be a voting

member of the panel unless disqualified from considering a

particular matter pursuant to Rule 7.

(3) A quorum for the conduct of the business of a panel, whether

sitting as an investigative or hearing panel, shall consist of

5 members present. The affirmative vote of at least 5 members

present is required to authorize official action of the panel.

(4) The presiding Chairperson or Vice-Chairperson may direct the

reassignment of any matter for initial review to the other panel

so long as no action has been taken by the original investigative

panel scheduled to review and consider the matter.

(5) In the event that a hearing panel member will be absent for a

hearing in a disciplinary or disability proceeding and the

member’s absence will prevent the formation of a quorum, the

Chairperson, Vice-Chairperson, or Executive Director shall

request the appointing authority for the absent member to

appoint an alternative member for the sole and exclusive purpose

of participating as a member of the hearing panel for that

disciplinary or disability proceeding.

(d) Plenary Meetings. Meetings of the full Commission shall occur

pursuant to the following requirements:

(1) The full Commission shall meet on the call of the Chairperson or

upon the written request of any 5 members.

(2) A quorum for the conduct of the business of the full Commission

shall consist of 9 members present. The affirmative vote of at

least 9 members is required to authorize any Commission action

that requires a vote of the full membership.

(3) In the absence of the Chairperson at a plenary meeting, the

Vice-Chairperson shall preside at the meeting. In the absence of

both the Chairperson and Vice-Chairperson at a plenary meeting,

the superior court judge with the longest tenure on the

Commission shall preside at the meeting unless otherwise

designated by the Chairperson.

(4) Upon the authorization of the Chairperson, the full Commission

may conduct votes on specific matters by electronic means, with

the votes to be recorded and maintained by the Executive

Director.

(e) Meeting Places. Panel and plenary meetings of the Commission shall

ordinarily meet at the North Carolina Court of Appeals, 1 West Morgan Street,

Raleigh, North Carolina. The Chairperson may also direct that meetings be held

anywhere in the state or through telephonic or electronic means.