NCSB Journal Spring 2026

Conduct, “to ensure equal access to our system of justice for all those who, because of economic or social barriers, cannot af ford or secure adequate legal counsel.” 27 N.C. Admin. Code 2.0.1, Preamble. (b) … Proposed Amendments to the Rules Governing Discipline and Disability Rules 27 NCAC 1B, Section .0100 The proposed amendments clarify and streamline the reciprocal discipline process and incorporate reciprocity with officially rec ognized tribal courts. Rule .0120, Reciprocal Discipline and Disability Proceedings (a) Definitions - For purposes of this rule, the following definitions apply: (1) Another jurisdiction/other jurisdic tion: Any state entity responsible for reg ulating the legal profession, state or fed eral court, or tribal court of any Indian tribe officially recognized by the United States. North Carolina state courts are not “other jurisdictions” for purposes of this rule, as they have concurrent juris diction with the North Carolina State Bar over matters of lawyer discipline and disability. (2) Reciprocal action: The imposition of identical or substantially similar discipline or disability status in this state as was im posed in another jurisdiction (b) Duty to Report Notice to Secretary - All members who have been disciplined in any state or federal court for a violation of the Rules of Professional Conduct in effect in such state or federal court or who have been transferred to disability inactive status or its equivalent by any state of federal court will A North Carolina lawyer who has been disciplined by another jurisdiction for a vio lation of the Rules of Professional Conduct or their equivalent in that jurisdiction, or who has been transferred to disability inactive status or its equivalent by another jurisdic tion, shall inform the secretary State Bar Counsel of such action in writing no later than 30 days after entry of the order of disci pline or transfer to disability inactive status. Failure to make the report required by inthis paragraph may subject the member lawyer to professional discipline as set out in pursuant to Rule 8.3 of the Revised North Carolina Rules of Professional Conduct. (cb) Administration Preliminary Review;

Notice of Reciprocal Discipline Proceedings - Except as provided in Paragraph (c) of this Rule which applies to disciplinary proceedings in certain federal courts, reciprocal discipline and disability proceedings will be administered as follows: (1) Notice and Challenge Upon receipt of a certified copy of an order demon strating that a member has been disciplined or transferred another jurisdiction’s order disciplining a North Carolina lawyer or transferring the lawyer to disability inactive status or its equivalent in another jurisdiction, state or federal, the chairperson of the Griev ance Committee will forthwith issue a notice directed to the member containing a copy of the order from the other jurisdiction and an order directing that the member inform the committee within 30 days from service of the notice of any claim by the member that the imposition of the identical discipline or an order transferring the member to disability inactive status in this state would be unwar ranted and the reasons therefor. This notice is to be served on the member in accordance with the provisions of Rule 4 of the North Carolina Rules of Civil Procedure conduct a preliminary review of the order. If based on this review, the chairperson determines that (i) the misconduct established by the other jurisdiction’s order warrants substantially different discipline in North Carolina or (ii) the discipline imposed by the other jurisdic tion is not of a type permitted by these rules, the chairperson will direct the Office of Counsel to substantively investigate the mis conduct or disability described in the other jurisdiction’s order rather than following the reciprocal discipline procedures set forth in this rule. In all other cases, the chair will issue a notice of reciprocal proceedings to the lawyer. The notice shall: (1) be served in accordance with Rule 4 of the North Carolina Rules of Civil Pro cedure; (2) enclose a copy of the other jurisdiction’s discipline or disability order; (3) direct the lawyer, within 30 days after service of the notice, to submit to the Of fice of Counsel a written objection setting forth any grounds upon which the lawyer contends reciprocal action is unwarranted; and (4) inform the lawyer that reciprocal action will be deemed accepted if the lawyer does not submit a written objection within 30 days after service of the notice. (d) Administration of Reciprocal Disci

pline and Disability Proceedings - Following service of the notice described in subsection (c), reciprocal proceedings arising from an other jurisdiction’s discipline or disability order shall be administered as follows: (12) Effect of Stay - If the discipline or transfer order imposed in the other jurisdic tion ’s discipline or disability order has been stayed, any reciprocal discipline or transfer to disability inactive status imposed in this state action under this rule will be deferred until such the stay expires is lifted . ( 2 3) Imposition of Discipline - Upon the expiration of 30 days from service of the notice issued pursuant to the provisions of Rule .0120(b)(1) above, Acceptance of Reciprocal Action - If the lawyer affir matively consents to reciprocal action or does not, within 30 days of service of the notice, submit a written objection stating the grounds upon which the lawyer con tends reciprocal action is unwarranted, the chairperson of the Grievance Com mittee will impose the identical discipline or enter an order transferring the member to disability inactive status unless the Grievance Committee concludes: enteran order imposing discipline or disability The Process Proposed amendments to the Rules of the North Carolina State Bar are pub lished for comment in the Journal. They are considered for adoption by the coun cil at the succeeding quarterly meeting. If adopted, they are submitted to the North Carolina Supreme Court for approval. Unless otherwise noted, pro posed additions to rules are printed in bold and underlined; deletions are inter lined. Comments The State Bar welcomes your com ments regarding proposed amendments to the rules. Please send your written comments by April 10 to Peter Bolac, The North Carolina State Bar, PO Box 25908, Raleigh, NC 27611, or email comments@ncbar.gov.

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THE NORTH CAROLINA STATE BAR JOURNAL