27 NCAC 01B .0120          RECIPROCAL DISCIPLINE AND DISABILITY PROCEEDINGS

(a)  Definitions - For purposes of this rule, the following definitions apply:

(1)           Another jurisdiction/other jurisdiction: Any state entity responsible for regulating the legal profession, state or federal 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 jurisdiction 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 imposed in another jurisdiction

(b)  Duty to Report - A North Carolina lawyer who has been disciplined by another jurisdiction for a violation 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 jurisdiction, shall inform the State Bar Counsel of such action in writing no later than 30 days after entry of the order of discipline or transfer . Failure to make the report required by this paragraph may subject the lawyer to professional discipline pursuant to Rule 8.3 of the North Carolina Rules of Professional Conduct.

(c)  Preliminary Review; Notice of Reciprocal Proceedings - Upon receipt of another jurisdiction's order disciplining a North Carolina lawyer or transferring the lawyer to disability inactive status or its equivalent , the chairperson of the Grievance Committee will 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 jurisdiction is not of a type permitted by these rules, the chairperson will direct the Office of Counsel to substantively investigate the misconduct 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 Procedure;

(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 Office 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 Discipline and Disability Proceedings - Following service of the notice described in Paragraph (c) of this Rule, reciprocal proceedings arising from another jurisdiction's discipline or disability order shall be administered as follows:

(1)           Effect of Stay - If the other jurisdiction's discipline or disability order has been stayed, any reciprocal action under this rule will be deferred until the stay is lifted.

(2)           Acceptance of Reciprocal Action - If the lawyer affirmatively 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 contends reciprocal action is unwarranted, the chairperson of the Grievance Committee will enter an order imposing discipline or disability status that is identical or substantially similar to that imposed by the other jurisdiction.

(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 contends reciprocal action is unwarranted, the Grievance Committee shall determine whether any of the following grounds for not taking reciprocal action are established:

(A)          the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;

(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 cannot, consistent with its duty, accept the other jurisdiction's findings as final ;

(C)          the imposition of identical or substantially similar discipline would result in grave injustice;

(D)          the misconduct established warrants substantially different discipline in this state;

(E)           the discipline imposed by the other jurisdiction is not of a type permitted by these rules; or

(F)           in the case of a transfer to disability inactive status, the reason for the original transfer no longer exists.

(4)           Notice, Materials, & Opportunity to Appear - The process set forth in 27 NCAC 01B .0113(e) shall apply to a lawyer whose written objection to reciprocal action will be considered by the Grievance Committee.

(5)           Basis for Committee Decision - The Committee's determination under Subparagraph (d)(3) of this Rule shall be based on the lawyer's written objection including any supporting documentation, any additional information provided by the Office of Counsel, and any information provided during the lawyer's opportunity to address the Committee.

(6)           Disposition Upon Committee Consideration of Objection

(A)          If the Grievance Committee determines that any of the grounds listed in Subparagraph (d)(3) of this Rule exist, the Committee may: (i) dismiss the matter, (ii) dismiss the matter with a Letter of Caution or Letter of Warning pursuant to 27 NCAC 01B .0113(j), (iii) issue proposed written discipline pursuant to 27 NCAC 01B .0113(k) that constitutes a lesser sanction than the discipline imposed by the other jurisdiction, or (iv) direct the Office of Counsel to further investigate the misconduct or disability described in the other jurisdiction's order.

(B)          If the Grievance Committee determines that none of the grounds listed in Subparagraph (d)(3) of this Rule exist, the chairperson of the Grievance Committee shall enter an order imposing discipline or disability status that is identical or substantially similar to that imposed by the other jurisdiction.

(C)          The Grievance Committee's determination 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 Findings by Another Jurisdiction – Except in instances where the grounds set forth in Parts (d)(3)(A) or (B) of this Rule above are established, a final adjudication in another jurisdiction that a North Carolina lawyer has engaged 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 jurisdiction's order will be binding upon the State Bar and the lawyer in reciprocal proceedings under this rule.

(f)  Service & Effective Date of Reciprocal Order - Unless otherwise expressly provided by the Grievance Committee, reciprocal action shall be effective upon service of the reciprocal 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 Carolina Rules of Civil Procedure.

History Note:        Authority G.S. 84‑23; 84‑28;

Readopted Eff. December 8, 1994;

Amendments Approved by the Supreme Court: June 17, 2026, September 22, 2016; December 30, 1998; March 7, 1996.