27 NCAC 01G .0105         Appointment of Members; When; Removal

(a)  Appointment.  The council shall appoint the members of the board, provided, however, after the appointment of the initial members of the board, each paralegal member appointed for an initial term shall be selected by the council from two nominees determined by a vote by mail or online of all active certified paralegals in an election conducted by the board.

(b)  Procedure for Nomination of Candidates for Paralegal Members.

(1)           Composition of Nominating Committee. At least 60 days prior to a meeting of the council at which one or more paralegal members of the board are subject to appointment for a full three year term, the board shall appoint a nominating committee comprised of certified paralegals as follows:

(i)            A representative selected by the North Carolina Paralegal Association;

(ii)           A representative selected by the North Carolina Bar Association Paralegal Division;

(iii)          A representative selected by the North Carolina Advocates for Justice Legal Assistants Division;

(iv)          Three representatives from three local or regional paralegal organizations to be selected by the board; and

(v)           An independent paralegal (not employed by a law firm, government entity, or legal department) to be selected by the board.

(2)           Selection of Candidates.  The nominating committee shall meet within 30 days of its appointment to select five certified paralegals as candidates for each paralegal member vacancy on the board for inclusion on the ballot to be mailed to all active certified paralegals.

(3)           Vote of Certified Paralegals.  At least 30 days prior to the meeting of the council at which a paralegal member appointment to the board will be made, a ballot shall be mailed or a notice of online voting shall be emailed or mailed to all active certified paralegals at each certified paralegal's physical or email address of record on file with the North Carolina State Bar.  The ballot or notice shall be accompanied by written instructions, and shall state how many paralegal member positions on the board are subject to appointment, the names of the candidates selected by the nominating committee for each such position, and when and where the ballot should be returned. If balloting will be online, the notice shall explain how to access the ballot on the State Bar's paralegal website and the method for voting online. Write-in candidates shall be permitted and the instructions shall so state. Each ballot sent by mail shall be sequentially numbered with a red identifying numeral in the upper right hand corner of the ballot. Online balloting shall be by secure log-in to the State Bar's paralegal website using the certified paralegal's identification number and personal password. Any certified paralegal who does not have an email address on file with the State Bar shall be mailed a ballot. The board shall maintain appropriate records respecting how many ballots or notices are sent to prospective voters in each election as well as how many ballots are returned.  Only original ballots will be accepted by mail. Ballots received after the deadline stated on the ballot or the email notice will not be counted.  The names of the two candidates receiving the most votes for each open paralegal member position shall be the nominees submitted to the council.

(c)  Time of Appointment.  The first members of the board shall be appointed as of the quarterly meeting of the council following the creation of the board. Thereafter, members shall be appointed annually at the quarterly meeting of the council occurring on the anniversary of the appointment of the initial board.

(d)  Vacancies.  Vacancies occurring by reason of death, resignation, or removal shall be filled by appointment of the council, subject to the requirements of Rule .0105(a)1, at the next quarterly meeting following the event giving rise to the vacancy, and the person so appointed shall serve for the balance of the vacated term.

(e)  Removal.  Any member of the board may be removed at any time by an affirmative vote of a majority of the members of the council in session at a regularly called meeting.


History Note:        Authority G.S. 84-23;

Adopted Eff. October 6, 2004;

Amended Eff. March 6, 2014; August 25, 2011; March 11, 2010; March 8, 2007.