NC · rules
N.C. Jud. Standards Comm'n R. 21
Disposition of Disciplinary or Disability Proceeding
(a) Recommendation to the Supreme Court. At the conclusion of the
disciplinary or disability hearing, the hearing panel shall deliberate and determine
whether to file a recommendation with the Supreme Court pursuant to
N.C.G.S. § 7A-376. The affirmative vote of at least 5 members of the hearing panel
is required to make a recommendation to the Supreme Court that the Respondent
either be publicly reprimanded, censured, suspended, or removed from office for
misconduct or suspended or removed for disability.
(b) Dismissal of Charges. If fewer than 5 members of the hearing panel
vote to recommend action by the Supreme Court in accordance with subsection (a) of
this rule, then the hearing panel shall dismiss the charges with prejudice. Upon the
affirmative vote of at least 5 members of the hearing panel, the dismissal may be
accompanied by a private letter of caution in accordance with Rule 11.
(c) Severance of Charges or Counts. If the hearing panel concludes that
some, but not all, of the charges or counts alleged in the Statement of Charges
warrant a recommendation to the Supreme Court under subsection (a) of this rule,
then the hearing panel may sever and dismiss the remaining charges or counts in
accordance with subsection (b) of this rule.
History
History Note. 374 N.C. 960.
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
b58e6a129818a9b8cdac243198d7e976ca8b50e95d0068f964869d26827ff1af
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