Recommendation to the Supreme Court; Record in Support of

Recommendation (a) Recommendation to the Supreme Court. (1) Unless the time is extended by order of the presiding Chairperson or Vice-Chairperson, within 60 days of the conclusion of the disciplinary hearing, the Executive Director shall serve upon the Respondent and the Commission Counsel the hearing panel’s recommendation to the Supreme Court. Service of the recommendation upon the Respondent shall be in the same manner as service of the Statement of Charges, or in any manner otherwise agreed to by the parties. (2) The recommendation shall be signed by the presiding Chairperson or Vice-Chairperson and shall contain findings of fact supported by the record, conclusions of law, and a recommended disposition as to the Respondent. If the hearing panel’s recommendation is based upon a stipulation and an agreement entered into pursuant to Rule 18, then the conclusions of law and recommendation for the disposition shall rely only upon the factual stipulations, facts that may be properly judicially noticed, and admissions in the Verified Answer. (b) Record in Support of Recommendation. (1) Proposed Record. At the same time and in the same manner that the recommendation is served upon the Respondent, the Executive Director shall also serve a proposed record in support of the recommendation. The proposed record shall include the pleadings, a verbatim transcript of the hearing, a copy of the video recording of any witness testimony at the hearing, and any evidence entered into the record during the hearing and referenced in the recommendation. The name, office address, telephone number, State Bar number, and e-mail address of the Commission Counsel and the Respondent’s counsel shall appear at the end of the record. If the Respondent is not represented by counsel, then the record shall include the Respondent’s name, address, telephone number, State Bar number, and e-mail address. (2) Objections and Settling the Record. Unless the Respondent files objections to the proposed record within 10 business days after service of the proposed record, the proposed record shall constitute the official record. If the Respondent files objections, any objections not resolved by the agreement of the parties shall be settled by the presiding Chairperson or Vice-Chairperson upon notice and an opportunity of the Respondent and the Commission 27 TOC Rule 22 Counsel to be heard. In such cases, the record as settled by the presiding Chairperson or Vice-Chairperson shall be the official record. (c) Filing of the Recommendation and Record. (1) Within 10 business days after the record has been settled, the Executive Director shall file with the Clerk of the Supreme Court the the recommendation, and a certification that the record has been settled and is the official record of the disciplinary or disability proceeding. recommendation, support record the in of (2) The Executive Director shall concurrently serve upon the Respondent a Notice of Filing giving notice of the recommendation, record, and certification, and specifying the date upon which they were filed in the Supreme Court. The Executive Director shall also transmit to the Respondent copies of the certification along with any changes to the official record occurring as a result of the settlement of the record. (3) The Executive Director shall serve copies of the filings upon the Respondent in the same manner as service of the Statement of Charges, or in any manner otherwise agreed to by the parties. (d) Proceedings in the Supreme Court. Proceedings in the Supreme Court shall be governed by the [Rules of Procedure in the Supreme Court in Judicial Standards Cases]. History Note. 374 N.C. 960; 386 N.C. 974. Editor’s Note. The Rules of Procedure in the Supreme Court in Judicial Standards Cases superseded the former rules applicable in judicial standards cases, the Rules for Supreme Court Review of Recommendations of the Judicial Standards Commission (see 386 N.C. 972). In subsection (d) of Rule 22, above, the title of the former rule set has been replaced with the title of the current rule set and is set off by brackets. 28 A Publication Record of the Rules of the Judicial Standards Commission TOC Reporter Volume Pages Rules Affected* Key Dates** 283 N.C. 288 N.C. 293 N.C. 330 N.C. 763–70 738–39 747–48 857–65 Complete Rule Set Effective 1 January 1973 Rules 10, 13, 14, 18 Adopted 12 December 1975 Rules 13, 19 Adopted 27 January 1978 Complete Rule Set Amended 6 September 1991 361 N.C. 716–31 Complete Rule Set Adopted 5 October 2006 Effective 1 January 2007 367 N.C. 936–53 Complete Rule Set Effective 1 September 2014 374 N.C. 960–83 Complete Rule Set Ordered 3 June 2020 Effective 3 June 2020 386 N.C. 974–94 Rules 2, 3, 7, 8, 9, 12, 15, 16, 17, 18, 19, 20, 22 Ordered 21 August 2024 Effective 3 September 2024 * Rules are numbered as they appeared at the time of publication. ** The type of date provided for each published entry (e.g., “Adopted,” “Amended,” “Effective”) reflects the information that was preserved in the North Carolina Reports. Document ID Rules of the Judicial Standards Commission – Codified 3 September 2024 29 [email protected] www.NCcourts.gov/courts/supreme-court