Local Rule LCvR 83.2: ATTORNEY DISCIPLINE AND DISBARMENT
W.D.N.C. — Attorney rule
LCvR 83.2 ATTORNEY DISCIPLINE AND DISBARMENT
(a) Whenever an attorney who has been admitted to practice before the Court:
(i) Has engaged in conduct a judge of this Court reasonably believes violates the North Carolina Rules of Professional Conduct or any law or regulation; or
(ii) Is disbarred or suspended from the practice of law in any court or by any state bar, disciplinary board, or other state licensing agency, a judge of this Court may enter an order immediately suspending that attorney from practice before this Court or taking such other lesser action the Court deems appropriate. Upon entry of such order, the attorney may within 40 days thereof file a response to the order and show cause as to why the attorney's admission to practice before this Court should not be revoked or the attorney should not be subject to discipline, and may in such response request an opportunity to be heard. The appropriate procedure for addressing such response shall be determined by the Board of Judges. An appropriate order addressing the question of any discipline will be entered by the Court after a vote of the Board of Judges.
(b) This Rule in no way limits or otherwise affects the authority of a judge of this Court to hold an attorney in contempt and award appropriate relief or otherwise impose appropriate penalties, fines, or other sanctions.
(c) This Rule does not apply to special, pro hac vice, or other limited admissions, which may be revoked at any time by a judge in the case in which such admission was allowed.
Advisory Committee Notes This new Rule is modeled on the United States Supreme Court's attorney discipline rule, but certain arcane language in the Supreme Court rule was modified and procedural protections were explained in greater depth. Violations of Court orders and rules are covered in Section (b). For the rare case where attorney discipline becomes an issue, the new Rule is intended to provide a skeletal procedure that is compliant with Due Process and efficient administration of justice.