1B.0135 Noncompliance Suspension

(a) Noncompliant and Noncompliance Defined.

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(c) Content of Petition

(1) The petition shall be a verified petition, or shall be supported by an affidavit, demonstrating by clear, cogent, and convincing evidence that the respondent is noncompliant.

(2) The petition shall set forth the efforts made by the State Bar to obtain the respondent’s compliance.

(3) Service of Petition

(A) The petition shall be served upon the respondent by sending a copy of the petition to the email address and mailing address of record with the North Carolina State Bar. Service may also be accomplished by sending the petition to the defendant’s email address and mailing address of record with the court pursuant to N.C. Gen. Stat. 84-39, if different from the defendant’s contact information on record with the North Carolina State Bar, or by mailing a copy of the petition addressed to the last address the respondent provided to the Membership Department of the State Bar pursuant to N.C. Gen. Stat. § 84-34 or addressed to any more recent address that might be known to the State Bar representative who is attempting service.

(B) Service of the petition shall be complete upon the sending of the email with the petition attached and upon the mailing of the petition.

(d) Order to Show Cause

(1) Upon receiving the State Bar’s filed petition, the chair of the DHC shall issue to the respondent an order to show cause.

(2) The order to show cause shall notify the respondent that the respondent’s noncompliance or failure to respond to the order to show cause may result in suspension of the respondent’s law license.

(3) The order to show cause shall be served by the clerk upon the respondent by sending mailing a copy of the order to the email address and mailing address of record with the North Carolina State Bar. Service may also be accomplished by sending the order to the defendant’s email address and mailing address of record with the court pursuant to N.C. Gen. Stat. § 84-39, if different from the defendant’s contact information on record with the North Carolina State Bar, or by sending the order addressed to the last address the respondent provided to the Membership Department of the State Bar pursuant to N.C. Gen. Stat. § 84-34, addressed to any more recent address that might be known to the DHC, or addressed to the address where the State Bar served the petition.

(4) Service of the order to show cause shall be complete upon the sending of the email with the order attached and upon the mailing of the order.

(e) Response to Order to Show Cause

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(g) Entry of Order

If the chair finds that the State Bar has met its burden of proof; finds by clear, cogent, and convincing evidence that the respondent is noncompliant; finds that the respondent has not met the respondent’s burden of proof; and fails to find by clear, cogent, and convincing evidence any of the circumstances listed in paragraph (f)(2) above, the chair may enter an order suspending the respondent’s law license. Such order of suspension shall remain in effect until the chair enters an order finding by clear, cogent, and convincing evidence that the respondent fully cured the noncompliance and reinstating the respondent’s law license to active status. The order shall be served by the clerk upon the respondent by sending a copy of the order to the email address and mailing address of record with the North Carolina State Bar. Service may also be accomplished by sending the order to the defendant’s email address and mailing address of record with the court pursuant to N.C. Gen. Stat. § 84-39, if different from the defendant’s contact information on record with the North Carolina State Bar, or by sending the order addressed to the address where the State Bar served the petition. Service of the order shall be complete upon the sending of the email with the order attached and upon the mailing of the order.

(h) Wind Down

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