(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.
