Restore NC Bar Appoint's/Judicial Discipline.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 339

Short Title: Restore NC Bar Appoint's/Judicial Discipline. (Public)
Sponsors: Senator Everitt (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 20, 2025
*S339-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REINSTATE STATE BAR COUNCIL AP POINTMENTS TO THE JU DICIAL 2
STANDARDS COMMISSION AND TO REINSTATE FO RMER PROVISIONS 3
REGARDING DISCIPLINARY PROCEDURES FOR JUSTICES AND JUDGES. 4
The General Assembly of North Carolina enacts: 5
6
REINSTATE STATE BAR COUNCIL APPOINTMENTS TO THE JUDICIAL 7
STANDARDS COMMISSION 8
SECTION 1.(a) G.S. 7A-375(a) reads as rewritten: 9
"(a) Composition. – The Judicial Standards Commission shall consist of the following 10
residents of North Carolina: 11
… 12
(4) Four judges members of the State Bar who have actively practiced in the 13
courts of the State for at least 10 years, appointed by the General Assembly in 14
accordance with G.S. 120-121, selected as follows:State Bar Council. 15
a. One district court judge recommended by the President Pro Tempore 16
of the Senate. 17
b. One district court judge recommended by the Speaker of the House of 18
Representatives. 19
c. One superior court judge recommended by the President Pro Tempore 20
of the Senate. 21
d. One superior court judge recommended by the Speaker of the House 22
of Representatives. 23
…." 24
SECTION 1.(b) This section is effective when it becomes law and shall result in the 25
immediate conclusion of the terms of each of the four members of the Judicial Standards 26
Commission previously appointed by the General Assembly pursuant to G.S. 7A-375(a)(4). 27
These four seats on the Judicial Standards Commission shall then be filled for new terms by the 28
State Bar Council pursuant to G.S. 7A-375(a)(4), as amended by subsection (a) of this section. 29
30
REINSTATE FORMER PROVISIONS REGARDING DISCIPLINARY PROCEDURES 31
FOR JUSTICES AND JUDGES 32
SECTION 2.(a) G.S. 7A-374.2 reads as rewritten: 33
"§ 7A-374.2. Definitions. 34
Unless the context clearly requires otherwise, the definitions in this section shall apply 35
throughout this Article: 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 339-First Edition
… 1
(7) "Public reprimand" means a written action of the Commission issued upon a 2
finding by the Supreme Court, based upon a written recommendation by the 3
Commission that a judge has violated the Code of Judicial Conduct and has 4
engaged in conduct prejudicial to the administration of justice, but that 5
misconduct is minor. minor and does not warrant a recommendation by the 6
Commission that the judge be discipl ined by the Supreme Court. A public 7
reprimand may require that the judge follow a corrective course of action. 8
…." 9
SECTION 2.(b) G.S. 7A-376 reads as rewritten: 10
"§ 7A-376. Grounds for discipline by Commission; public reprimand, censure, suspension, 11
or removal by the Supreme Court. 12
(a) The Commission, upon a determination that any judge has engaged in conduct that 13
violates the North Carolina Code of Judicial Conduct as adopted by the Supreme Court but that 14
is not of such a nature as would warrant a recom mendation of public reprimand, censure, 15
suspension, or removal, may issue to the judge a private letter of caution.caution or may issue to 16
the judge a public reprimand. 17
(b) Upon recommendation of the Commission, the Supreme Court may issue a public 18
reprimand, censure, suspend, or remove any judge for willful misconduct in office, willful and 19
persistent failure to perform the judge's duties, habitual intemperance, conviction of a crime 20
involving moral turpitude, or conduct prejudicial t o the administration of justice that brings the 21
judicial office into disrepute. A judge who is suspended for any of the foregoing reasons shall 22
receive no compensation during the period of that suspension. A judge who is removed for any 23
of the foregoing re asons shall receive no retirement compensation and is disqualified from 24
holding further judicial office. 25
…." 26
SECTION 2.(c) G.S. 7A-377(a4) is reenacted as it existed immediately before its 27
repeal. 28
SECTION 2.(d) G.S. 7A-377, as amended by subsection (c) of this section, reads as 29
rewritten: 30
"§ 7A-377. Procedures. 31
(a) Any citizen of the State may file a written complaint with the Commission concerning 32
the qualifications or conduct of any justice or judge of the General Court of Justice, and thereupon 33
the Commission shall make such investigation as it deems necessary. The Commission may also 34
make an investigation on its own motion. The Commission shall not make an investigation, 35
whether initiated upon its own motion or by written complaint of a citizen of this State, when the 36
motion or complaint is based substantially on a legal ruling by a district or superior court judge 37
and the legal ruling has not yet been reviewed and ruled on by either the North Carolina Court of 38
Appeals or the North Carolina Supreme Court. The Commission is limited to reviewing judicial 39
conduct, not matters of law. The Commission may issue process to compel the attendance of 40
witnesses and the production of evidence, to administer oaths, and to punish for contempt. No 41
justice or judge sha ll be recommended for public reprimand, censure, suspension, or removal 42
unless he has been given a hearing affording due process of law. 43
… 44
(a4) If, after an investigation is completed, the Commission concludes that a public 45
reprimand is appropriate, the ju dge shall be served with a copy of the proposed reprimand and 46
shall be allowed 20 days within which to accept the reprimand or to reject it and demand, in 47
writing, that disciplinary proceedings be instituted in accordance with subsection (a5) of this 48
section. A public reprimand, when issued by the Commission and accepted by the respondent 49
judge, is not confidential. 50
General Assembly Of North Carolina Session 2025
Senate Bill 339-First Edition Page 3
(a5) If, after an investigation is completed, the Commission concludes that disciplinary 1
proceedings should be instituted, the notice and state ment of charges filed by the Commission, 2
along with the answer and all other pleadings, remain are not confidential. Disciplinary hearings 3
ordered by the Commission are not confidential, and recommendations of the Commission to the 4
Supreme Court, along wit h the record filed in support of such recommendations are not 5
confidential. Testimony and other evidence presented to the Commission is privileged in any 6
action for defamation. At least five members of the Commission must concur in any 7
recommendation to issue a public reprimand, censure, suspend, or remove any judge. A 8
respondent who is recommended for public reprimand, censure, suspension, or removal is 9
entitled to a copy of the proposed record to be filed with the Supreme Court, and if the respondent 10
has objections to it, to have the record settled by the Commission's chair. The respondent is also 11
entitled to present a brief and to argue the respondent's case, in person and through counsel, to 12
the Supreme Court. A majority of the members of the Supreme Court voting must concur in any 13
order of public reprimand, censure, suspension, or removal. The Supreme Court may approve the 14
recommendation, remand for further proceedings, or reject the recommendation. A justice of the 15
Supreme Court or a member of the Commission who is a judge is disqualified from acting in any 16
case in which he is a respondent. 17
(a6) Upon issuance of a public reprimand, censure, suspension, or removal by the Supreme 18
Court, the notice and statement of charges filed by the Commission along with the answer and 19
all other pleadings, and recommendations of the Commission to the Supreme Court along with 20
the record filed in support of such recommendations, are no longer confidential. 21
…." 22
SECTION 2.(e) Article 30 of Chapter 7A of the General Statutes is amended by 23
adding a new section to read: 24
"§ 7A-378.1. Censure, suspension, or removal of justice of Supreme Court. 25
(a) The recommendation of the Judicial Standards Commission for censure, suspension, 26
or removal of any justice of the Supreme Court for any grounds provided by G.S. 7A-376 shall 27
be made to, and the record filed with, the Court of Appeals, which shall hav e and shall proceed 28
under the same authority for censure, suspension, or removal of any justice as is granted to the 29
Supreme Court under G.S. 7A-376 and G.S. 7A-377(a) for censure, suspension, or removal of 30
any judge. 31
(b) The proceeding shall be heard by a panel of the Court of Appeals consisting of the 32
Chief Judge, who shall be the presiding judge of the panel, and six other judges, the senior in 33
service, excluding the judge who is chair of the Commission. For good cause, a judge may be 34
excused by a majori ty of the panel. If the Chief Judge is excused, the presiding judge shall be 35
designated by a majority of the panel. The vacancy created by an excused judge shall be filled 36
by the judge of the court who is next senior in service." 37
SECTION 2.(f) This sectio n is effective when it becomes law and applies to 38
disciplinary actions taken against justices or judges on or after that date, including disciplinary 39
actions taken in proceedings which began prior to that date. 40
SECTION 3. Except as otherwise provided, thi s act is effective when it becomes 41
law. 42