Organization and Meetings

(a) Officers. The Commission shall have a Chairperson and a Vice-Chairperson, who are the North Carolina Court of Appeals members of the Commission. The Executive Director shall serve as the secretary to the Commission and to each panel and shall perform other duties as the Commission or a panel may assign. (b) Panels. The Chairperson shall divide the Commission into 2 panels, designated Panel A and Panel B. (1) (2) (3) The Chairperson shall be assigned to Panel A or Panel B and preside at the meetings of that panel. The Vice-Chairperson shall be assigned to and preside at the meetings of the other panel. If the Chairperson or Vice-Chairperson is absent from a meeting of their assigned panel, then the other person shall attend and If both the Chairperson and preside at the meeting. Vice-Chairperson are unable to attend a panel meeting, then the superior court judge assigned to that panel with the longest tenure on the Commission shall preside at the meeting unless otherwise designated by the Chairperson or Vice-Chairperson. in addition The Chairperson shall assign the other members of the Commission to serve on Panel A or Panel B, each panel to include, or Vice-Chairperson, 1 superior court judge and 1 district court judge appointed by the Chief Justice, 1 superior court judge and 1 district court judge appointed by the General Assembly, 1 citizen appointed by the Governor, and 1 citizen appointed by the General Assembly. the Chairperson either to If the Chairperson or Vice-Chairperson is disqualified from considering a matter at a meeting of their assigned panel, then the other person shall attend the meeting and preside over the If both the Chairperson and consideration of that matter. Vice-Chairperson are disqualified from considering a matter, then the superior court judge assigned to that panel with the longer tenure on the Commission shall preside over the consideration of the matter. If the superior court judge is absent or is disqualified from considering the matter, then the other superior court judge assigned to that panel shall preside over the consideration of the matter. A superior court judge who presides over a matter shall have the same authority over the matter that the Chairperson or Vice-Chairperson has under these rules. (4) Each panel shall serve as an investigative panel at its regular business meetings for purposes of reviewing complaints, ordering investigations, and authorizing the initiation of disciplinary or 6 TOC Rule 2 disability proceedings. Each panel shall also serve as a hearing panel for any disciplinary or disability proceeding authorized by the other panel. No panel may function as both an investigative and a hearing panel in the same matter. A Chairperson or Vice-Chairperson who has considered a matter while serving on an investigative panel may preside over the consideration of that same matter by a hearing panel. However, a Chairperson or Vice-Chairperson who has voted on a motion to charge a judge while serving on an investigative panel may not vote during a hearing panel’s consideration of that matter. Otherwise, no member shall be assigned to both an investigative panel and a hearing panel for consideration of the same matter. (c) requirements: Panel Meetings. Panel meetings shall occur pursuant to the following (1) Unless prevented by exigent circumstances, Panel A and Panel B shall each meet at least 5 times per calendar year on a rotating schedule promulgated by the Chairperson. Upon the call of the Chairperson, additional or special panel meetings may also be convened as needed to conduct or conclude the panel’s business. (2) (3) (4) (5) panel member, Chairperson, Each Vice-Chairperson, or other presiding member, shall be a voting member of the panel unless disqualified from considering a particular matter pursuant to Rule 7. including the A quorum for the conduct of the business of a panel, whether sitting as an investigative or hearing panel, shall consist of 5 members present. The affirmative vote of at least 5 members present is required to authorize official action of the panel. The presiding Chairperson or Vice-Chairperson may direct the reassignment of any matter for initial review to the other panel so long as no action has been taken by the original investigative panel scheduled to review and consider the matter. In the event that a hearing panel member will be absent for a hearing in a disciplinary or disability proceeding and the member’s absence will prevent the formation of a quorum, the Chairperson, Vice-Chairperson, or Executive Director shall request the appointing authority for the absent member to appoint an alternative member for the sole and exclusive purpose of participating as a member of the hearing panel for that disciplinary or disability proceeding. (d) Plenary Meetings. Meetings of the full Commission shall occur pursuant to the following requirements: 7 TOC Rule 2 (1) (2) (3) The full Commission shall meet on the call of the Chairperson or upon the written request of any 5 members. A quorum for the conduct of the business of the full Commission shall consist of 9 members present. The affirmative vote of at least 9 members is required to authorize any Commission action that requires a vote of the full membership. In the absence of the Chairperson at a plenary meeting, the Vice-Chairperson shall preside at the meeting. In the absence of both the Chairperson and Vice-Chairperson at a plenary meeting, the superior court judge with the longest tenure on the Commission shall preside at the meeting unless otherwise designated by the Chairperson. (4) Upon the authorization of the Chairperson, the full Commission may conduct votes on specific matters by electronic means, with the votes to be recorded and maintained by the Executive Director. (e) Meeting Places. Panel and plenary meetings of the Commission shall ordinarily meet at the North Carolina Court of Appeals, 1 West Morgan Street, Raleigh, North Carolina. The Chairperson may also direct that meetings be held anywhere in the state or through telephonic or electronic means. History Note. 374 N.C. 960; 386 N.C. 974.