NCSB Journal Spring 2026

status that is identical or substantially similar to that imposed by the other ju risdiction. (3) Objection to Reciprocal Action - If the lawyer submits a written objection within the 30-day response period stating the grounds upon which the lawyer con tends reciprocal action is unwarranted, the Grievance Committee shall determine whether any of the following grounds for not taking reciprocal action are estab lished: (A) that the procedure in the other ju risdiction was so lacking in notice or op portunity to be heard as to constitute a deprivation of due process; or (B) there was such an infirmity of proof establishing the misconduct or disability as to give rise to the clear conviction that the Grievance Committee could can not, consistent with its duty, accept theother jurisdiction’s findings as final the con clusion on that subject; or (C) that the imposition of the same identical or substantially similar disci pline would result in grave injustice; or (D) that the misconduct established warrants substantially different discipline in this state; or (E) the discipline imposed by the other jurisdiction is not of a type permitted by these rules; or (FE)that in the case of a transfer to dis ability inactive status, the reason for the original transfer to disability inactive sta tus no longer exists. (4) Dismissal - Where the Grievance Committee determines that any of the elements listed in Rule .0120(b)(3) above exist, the committee will dismiss the case or direct that a complaint be filed. Notice, Materials, & Opportunity to Appear - The process set forth in 27 N.C.A.C.1B.0113(e) shall apply to a lawyer whose written objection to recip rocal action will be considered by the Grievance Committee. (5) Effect of Final Adjudication in Another Jurisdiction - If the elements listed in Rule .0120(b)(3) above are found not to exist, a final adjudication in another jurisdiction that an attorney has been guilty of mis conduct or should be transferred to dis ability inactive status will establish the mis conduct or disability for purposes of reciprocal discipline or disability proceed ings in this state. Basis for Committee

Decision - The Committee’s determina tion under Subparagraph (d)(3) of this Rule shall be based on the lawyer’s written objection including any supporting doc umentation, any additional information provided by the Office of Counsel, and any information provided during the lawyer’s opportunity to address the Com mittee. (6) Disposition Upon Committee Con sideration of Objection (A) If the Grievance Committee deter mines that any of the grounds listed in Subparagraph (d)(3) of this Rule exist, the Committee may: (i) dismiss the mat ter, (ii) dismiss the matter with a Letter of Caution or Letter of Warning pur suant to 27 N.C.A.C.1B .0113(j), (iii) issue proposed written discipline pur suant to 27 N.C.A.C.1B .0113(k) that constitutes a lesser sanction than the discipline imposed by the other juris diction, or (iv) direct the Office of Counsel to further investigate the mis conduct or disability described in the other jurisdiction’s order. (B) If the Grievance Committee deter mines that none of the grounds listed in Subparagraph (d)(3) of this Rule ex ist, the chairperson of the Grievance Committee shall enter an order impos ing discipline or disability status that is identical or substantially similar to that imposed by the other jurisdiction. (C) The Grievance Committee’s deter mination regarding the existence of any of the grounds for not taking reciprocal action is final and not subject to further review. (e) Effect of Final Adjudication and Find ings by Another Jurisdiction – Except in in stances where the grounds set forth in Parts (d)(3)(A) or (B) of this Rule above are estab lished, a final adjudication in another juris diction that a North Carolina lawyer has en gaged in misconduct or should be transferred to disability inactive status shall conclusively establish the misconduct or disability for purposes of reciprocal proceedings under this rule, and the findings of fact in the other ju risdiction’s order will be binding upon the State Bar and the lawyer in reciprocal pro ceedings under this rule. (f) Service & Effective Date of Reciprocal Order - Unless otherwise expressly provided by the Grievance Committee, reciprocal ac tion shall be effective upon service of the re

ciprocal order entered by the chairperson of the Grievance Committee. The reciprocal order may be served upon the lawyer by mailing a copy of the order to the lawyer’s last known address on file with the State Bar. Service shall be complete upon mailing in accordance with Rule 5 of the North Car olina Rules of Civil Procedure. (c) Reciprocal Discipline in the District of North Carolina, Fourth Circuit, or US Supreme Court - Reciprocal discipline with certain federal courts 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 disci plined in a United States District Court in North Carolina, in the United States Fourth Circuit Court of Appeals, or in the United States Supreme Court, the chairperson of the Grievance Committee will forthwith issue a notice directed to the member. The notice will contain a copy of the order from the court and an order directing the member to inform the committee within 10 days from serv ice of the notice whether the member will accept reciprocal discipline which is substantially similar to that imposed by the federal court. 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. The member will have 30 days from service of the notice to file a written chal lenge with the committee on the grounds that the imposition of discipline by the North Carolina State Bar would be unwarranted because the facts found in the federal disciplinary proceeding do not involve conduct which violates the North Carolina Rules of Professional Conduct. If the member notifies the North Carolina State Bar within 10 days after service of the notice that he or she accepts reciprocal discipline which is sub stantially similar to that imposed by the federal court, substantially similar disci pline will be ordered as provided in Rule .0120(c)(2) below and will run concur rently with the discipline ordered by the federal court. (2) Acceptance of Reciprocal Discipline - If the member notifies the North Carolina State Bar of his or her accept ance of reciprocal discipline as provided in Rule .0120(c)(1) above the chairper-

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