North Carolina Lawyers Weekly
Where the respondent-judge held a probable cause hearing for a defendant who was represented but whose counsel was absent, and where respondent went ahead with the hearing to “make a point,” respondent violated Canons 2A and 3A(4) of the Code ...
Read More »Judges – Public Reprimand – Criminal Practice – Probable Cause Hearing – Attorney’s Absence
Judges – Recusal Motion – Domestic Relations – Parent & Child – Custody Modification 
Even if we consider the allegations in defendant’s verified recusal motion as evidence, they still would not form a basis for determining that the trial judge was unable to rule impartially. Defendant alleges that members of the judge’s family had ...
Read More »Judges – Emergency Assignment – Suspended Judge – Local Rules
Even though the applicable version of G.S. § 7A-52(a) did not specifically mention a district court judge’s “suspension” as a circumstance giving the Chief Justice authority to assign an emergency district court judge, it does mention a regular judge’s ...
Read More »Judges – Discipline – Censure – Attorneys – Fee Dispute
Faced with a fee dispute—which arose after respondent was appointed to the bench and had to withdraw from representing a client—respondent inappropriately invoked his judicial title to strongly challenge the jurisdiction of the State Bar over his conduct while ...
Read More »Judges – Discipline – Censure – Locking Up Party – Notice
When teenagers said they’d rather see their mother go to jail than participate in visitation with their father, the respondent-judge had the mother handcuffed and taken into custody without a hearing. Although the judge used this technique to try to ...
Read More »Judges – Discipline – Unreasonable Delay – Domestic Relations – Child Support – 30-Day Suspension
Where the respondent-judge failed to issue a ruling for more than five years on a motion for permanent child support, respondent violated several canons of the Code of Judicial Conduct, including Canon 3, which requires a judge to “dispose promptly ...
Read More »Judges – Discipline – Public Reprimand – Delayed Ruling
The respondent-judge, who otherwise has an exemplary record and excellent reputation, failed to issue a ruling for more than two years and three months after the last day of the hearing on the matter in question; such delay was without ...
Tagged with: discipline
Read More »Judges – Industrial Commission – Deputy Commissioner – Discipline – Public Reprimand
Clear, cogent and convincing evidence supports the Judicial Standards Commission’s finding that the respondent deputy commissioner was driving while impaired when he was involved in an accident. The Commission’s findings support its conclusions and recommendation that the deputy commissioner, who ...
Tagged with: discipline
Read More »Judges – Discipline – Censure – DWI & Belligerent Behavior
In re Judge LaBarre (Lawyers Weekly No. 010-034-17, 12 pp.) (Michael Morgan, J., for the court) N.C. S. Ct. Holding: An emergency judge drove while impaired and behaved belligerently towards law enforcement and emergency medical personnel. Respondent (1) failed to ...
Tagged with: discipline
Read More »Judges – Discipline – Jurisdiction – State Bar
North Carolina State Bar v. Tillett (Lawyers Weekly No. 010-024-17, 41 pp.) (Barbara Jackson, J.) (Mark Martin, C.J., joined by Robert Edmunds Jr., J., concurring) (Sam Ervin IV, J., joined by Robin Hudson & Cheri Beasley, JJ., concurring in the ...
Tagged with: discipline
Read More »