Proposed Rule Amendments

Amendments Pending Supreme Court Approval

At its meeting on January 23, 2026, the council voted to adopt the following rule amendments for transmission to the North Carolina Supreme Court for its approval.  (For the complete text of the rule amendments, see the Winter 2025 edition of the Journal or visit the State Bar website.) 

Amendments to the Rules Governing Discipline and Disability Rules

27 NCAC 1B, Section .0100, Discipline and Disability of Attorneys

Rule .0133, Confidentiality

The proposed amendments clarify existing exceptions to grievance confidentiality and specify that the State Bar may reveal the existence of a grievance investigation in connection with a petition for noncompliance suspension pursuant to 27 NCAC 1B, .0135.

Amendments to the Rules Governing the Board of Law Examiners and the Training of Law Students

27 NCAC 1C, Section .0100, Board of Law Examiners

Rule .0105, Approval of Law Schools

The proposed amendment to the rules governing admission to the NC State Bar modifies the acceptable education requirements to include other legal degrees if the applicant has also been licensed in another US jurisdiction.

Amendments to the Rules Governing Procedures for the Administrative Committee

27 NCAC 1D, Section .0900, Procedures for Administrative Committee

Rule .0902, Reinstatement from Inactive Status

Rule .0904, Reinstatement from Suspension

The proposed amendments allow time spent as the spouse of a military service member who is required to relocate outside North Carolina due to military orders to offset years of inactive or suspended status when seeking reinstatement to active status.

Amendments to the Rules of Professional Conduct of the North Carolina State Bar

27 NCAC 2, Rule 1.10, Imputation of Conflicts of Interest: General Rule

The proposed amendments permit the North Carolina Department of Justice and public defender offices to resolve imputed conflicts of interest by timely screening the disqualified lawyer and providing written notice as described in the Rules.

PROPOSED AMENDMENTS

At its meeting on January 23, 2026, the council voted to publish for comment the following proposed rule amendments:

Proposed Amendments to the Rules Governing Standing Committees of the Council

27 NCAC 1A, Section .0700

The proposed amendments combine the existing Issues and Access to Justice Committees — along with their respective, similar missions — into a single, standing committee of the State Bar Council.

Rule .0701, Standing Committees and Boards

(a)  Standing Committees. Promptly after his or her election, the president shall appoint members to the standing committees identified below to serve for one year beginning January 1 of the year succeeding his or her election. Members of the committees need not be councilors, except to the extent expressly required by these rules, and may include non-lawyers. Unless otherwise directed by resolution of the council, all members of a standing committee, whether councilors or non-councilors, shall be entitled to vote as members of the standing committee or any subcommittee or panel thereof.

…

(9) Access to Justice Issues Committee. It shall be the duty of the Access to Justice Issues Committee to identify and explore issues concerning the regulation of the legal profession and the improvement of the quality of legal services available to the people of North Carolina, including tostudy and to recommend to the council programs and initiatives that respond to the profession’s responsibility, set forth in the Preamble to the Rules of Professional Conduct, “to ensure equal access to our system of justice for all those who, because of economic or social barriers, cannot afford or secure adequate legal counsel.” 27 N.C. Admin. Code 2.0.1, Preamble.

(b)  …

Proposed Amendments to the Rules Governing Discipline and Disability Rules

27 NCAC 1B, Section .0100

The proposed amendments clarify and streamline the reciprocal discipline process and incorporate reciprocity with officially recognized tribal courts.

Rule .0120, Reciprocal Discipline and Disability Proceedings

(a)  Definitions - For purposes of this rule, the following definitions apply:

(1) Another jurisdiction/other jurisdiction: Any state entity responsible for regulating the legal profession, state or federal court, or tribal court of any Indian tribe officially recognized by the United States. North Carolina state courts are not “other jurisdictions” for purposes of this rule, as they have concurrent jurisdiction with the North Carolina State Bar over matters of lawyer discipline and disability.

(2) Reciprocal action: The imposition of identical or substantially similar discipline or disability status in this state as was imposed in another jurisdiction

(b)  Duty to Report Notice to Secretary - All members who have been disciplined in any state or federal court for a violation of the Rules of Professional Conduct in effect in such state or federal court or who have been transferred to disability inactive status or its equivalent by any state of federal court will A North Carolina lawyer who has been disciplined by another jurisdiction for a violation of the Rules of Professional Conduct or their equivalent in that jurisdiction, or who has been transferred to disability inactive status or its equivalent by another jurisdiction, shallinform the secretary State Bar Counsel of such action in writing no later than 30 days after entry of the order of discipline or transfer to disability inactive status.  Failure to make the report required by in this paragraph may subject the member lawyer to professional discipline as set out in pursuant to Rule 8.3 of the Revised North CarolinaRules of Professional Conduct.

(cb)  Administration Preliminary Review; Notice of Reciprocal Discipline Proceedings - Except as provided in Paragraph (c) of this Rule which applies to disciplinary proceedings in certain federal courts, reciprocal discipline and disability proceedings will be administered as follows: (1) Notice and Challenge  Upon receipt of a certified copy of an order demonstrating that a member has been disciplined or transferred another jurisdiction’s order disciplining a North Carolina lawyer or transferring the lawyer to disability inactive status or its equivalent in another jurisdiction, state or federal, the chairperson of the Grievance Committee will forthwith issue a notice directed to the member containing a copy of the order from the other jurisdiction and an order directing that the member inform the committee within 30 days from service of the notice of any claim by the member that the imposition of the identical discipline or an order transferring the member to disability inactive status in this state would be unwarranted and the reasons therefor.  This notice is to be served on the member in accordance with the provisions of Rule 4 of the North Carolina Rules of Civil Procedure conduct a preliminary review of the order. If based on this review, the chairperson determines that (i) the misconduct established by the other jurisdiction’s order warrants substantially different discipline in North Carolina or (ii) the discipline imposed by the other jurisdiction is not of a type permitted by these rules, the chairperson will direct the Office of Counsel to substantively investigate the misconduct or disability described in the other jurisdiction’s order rather than following the reciprocal discipline procedures set forth in this rule. In all other cases, the chair will issue a notice of reciprocal proceedings to the lawyer. The notice shall:

(1) be served in accordance with Rule 4 of the North Carolina Rules of Civil Procedure;

(2) enclose a copy of the other jurisdiction’s discipline or disability order;

(3) direct the lawyer, within 30 days after service of the notice, to submit to the Office of Counsel a written objection setting forth any grounds upon which the lawyer contends reciprocal action is unwarranted; and

(4) inform the lawyer that reciprocal action will be deemed accepted if the lawyer does not submit a written objection within 30 days after service of the notice.

(d) Administration of Reciprocal Discipline and Disability Proceedings - Following service of the notice described in subsection (c), reciprocal proceedings arising from another jurisdiction’s discipline or disability order shall be administered as follows:

(12) Effect of Stay - If the discipline or transfer order imposed in the other jurisdiction’s discipline or disability order has been stayed, any reciprocal discipline or transfer to disability inactive status imposed in this state action under this rule will be deferred until such the stay expires is lifted.

(23) Imposition of Discipline - Upon the expiration of 30 days from service of the notice issued pursuant to the provisions of Rule .0120(b)(1) above,  Acceptance of Reciprocal Action - If the lawyer affirmatively consents to reciprocal action or does not, within 30 days of service of the notice, submit a written objection stating the grounds upon which the lawyer contends reciprocal action is unwarranted, the chairperson of the Grievance Committee will impose the identical discipline or enter an order transferring the member to disability inactive status unless the Grievance Committee concludes: enter an order imposing discipline or disability status that is identical or substantially similar to that imposed by the other jurisdiction.

(3) Objection to Reciprocal Action - If the lawyer submits a written objection within the 30-day response period stating the grounds upon which the lawyer contends reciprocal action is unwarranted, the Grievance Committee shall determine whether any of the following grounds for not taking reciprocal action are established:

(A)    that the procedure in the other jurisdictionwas so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

(B)    there was such an infirmity of proof establishing the misconduct or disabilityas to give rise to the clear conviction that the Grievance Committee could  cannot, consistent with its duty, accept the other jurisdiction’s findings as final the conclusion on that subject; or

(C)   that the imposition of the same identical or substantially similar discipline would result in grave injustice; or

(D)   that the misconduct established warrants substantially different discipline in this state; or

(E) the discipline imposed by the other jurisdiction is not of a type permitted by these rules; or

(FE) that in the case of a transfer to disability inactive status, the reason for the original transfer to disability inactive status no longer exists.

(4) Dismissal - Where the Grievance Committee determines that any of the elements listed in Rule .0120(b)(3) above exist, the committee will dismiss the case or direct that a complaint be filed. Notice, Materials, & Opportunity to Appear - The process set forth in 27 N.C.A.C.1B.0113(e) shall apply to a lawyer whose written objection to reciprocal action will be considered by the Grievance Committee.

(5) Effect of Final Adjudication in Another Jurisdiction - If the elements listed in Rule .0120(b)(3) above are found not to exist, a final adjudication in another jurisdiction that an attorney has been guilty of misconduct or should be transferred to disability inactive status will establish the misconduct or disability for purposes of reciprocal discipline or disability proceedings in this state. Basis for Committee Decision - The Committee’s determination under Subparagraph (d)(3) of this Rule shall be based on the lawyer’s written objection including any supporting documentation, any additional information provided by the Office of Counsel, and any information provided during the lawyer’s opportunity to address the Committee.

(6) Disposition Upon Committee Consideration of Objection

(A) If the Grievance Committee determines that any of the grounds listed in Subparagraph (d)(3) of this Rule exist, the Committee may: (i) dismiss the matter, (ii) dismiss the matter with a Letter of Caution or Letter of Warning pursuant to 27 N.C.A.C.1B .0113(j), (iii) issue proposed written discipline pursuant to 27 N.C.A.C.1B .0113(k) that constitutes a lesser sanction than the discipline imposed by the other jurisdiction, or (iv) direct the Office of Counsel to further investigate the misconduct or disability described in the other jurisdiction’s order.

(B) If the Grievance Committee determines that none of the grounds listed in Subparagraph (d)(3) of this Rule exist, the chairperson of the Grievance Committee shall enter an order imposing discipline or disability status that is identical or substantially similar to that imposed by the other jurisdiction.

(C) The Grievance Committee’s determination regarding the existence of any of the grounds for not taking reciprocal action is final and not subject to further review.

(e) Effect of Final Adjudication and Findings by Another Jurisdiction – Except in instances where the grounds set forth in Parts (d)(3)(A) or (B) of this Rule above are established, a final adjudication in another jurisdiction that a North Carolina lawyer has engaged in misconduct or should be transferred to disability inactive status shall conclusively establish the misconduct or disability for purposes of reciprocal proceedings under this rule, and the findings of fact in the other jurisdiction’s order will be binding upon the State Bar and the lawyer in reciprocal proceedings under this rule.

(f) Service & Effective Date of Reciprocal Order - Unless otherwise expressly provided by the Grievance Committee, reciprocal action shall be effective upon service of the reciprocal order entered by the chairperson of the Grievance Committee. The reciprocal order may be served upon the lawyer by mailing a copy of the order to the lawyer’s last known address on file with the State Bar. Service shall be complete upon mailing in accordance with Rule 5 of the North Carolina Rules of Civil Procedure.

(c)  Reciprocal Discipline in the District of North Carolina, Fourth Circuit, or US Supreme Court - Reciprocal discipline with certain federal courts will be administered as follows:

(1) Notice and Challenge - Upon receipt of a certified copy of an order demonstrating that a member has been disciplined in a United States District Court in North Carolina, in the United States Fourth Circuit Court of Appeals, or in the United States Supreme Court, the chairperson of the Grievance Committee will forthwith issue a notice directed to the member.  The notice will contain a copy of the order from the court and an order directing the member to inform the committee within 10 days from service of the notice whether the member will accept reciprocal discipline which is substantially similar to that imposed by the federal court.  This notice is to be served on the member in accordance with the provisions of Rule 4 of the North Carolina Rules of Civil Procedure.  The member will have 30 days from service of the notice to file a written challenge with the committee on the grounds that the imposition of discipline by the North Carolina State Bar would be unwarranted because the facts found in the federal disciplinary proceeding do not involve conduct which violates the North Carolina Rules of Professional Conduct.  If the member notifies the North Carolina State Bar within 10 days after service of the notice that he or she accepts reciprocal discipline which is substantially similar to that imposed by the federal court, substantially similar discipline will be ordered as provided in Rule .0120(c)(2) below and will run concurrently with the discipline ordered by the federal court.

(2) Acceptance of Reciprocal Discipline - If the member notifies the North Carolina State Bar of his or her acceptance of reciprocal discipline as provided in Rule .0120(c)(1) above the chairperson of the Grievance Committee will execute an order of discipline which is of a type permitted by these rules and which is substantially similar to that ordered by the federal court and will cause said order to be served upon the member.

(3) Effect of Stay - If the discipline imposed by the federal court has been stayed, any reciprocal discipline imposed by the North Carolina State Bar will be deferred until such stay expires.

(4) Imposition of Discipline - Upon the expiration of 30 days from service of the notice issued pursuant to the provisions of Rule .0120(c)(1) above, the chairperson of the Grievance Committee will enter an order of reciprocal discipline imposing substantially similar discipline of a type permitted by these Rules to be effective throughout North Carolina unless the member requests a hearing before the Grievance Committee and at such hearing:

(A) the member demonstrates that the facts found in the federal disciplinary proceeding did not involve conduct which violates the North Carolina Rules of Professional Conduct, in which event the case will be dismissed; or

(B) the Grievance Committee determines that the discipline imposed by the federal court is not of a type described in Rule .0127(a) of this subchapter and, therefore, cannot be imposed by the North Carolina State Bar, in which event the Grievance Committee may dismiss the case or direct that a complaint be filed in the commission.

(5) Federal Findings of Fact - All findings of fact in the federal disciplinary proceeding will be binding upon the North Carolina State Bar and the member.

(6) Discipline Imposed by Other Federal Courts - Discipline imposed by any other federal court will be administered as provided in Rule .0120(b) above.

(d)  Imposition of Discipline - If the member fails to accept reciprocal discipline as provided in Rule .0120(c) above or if a hearing is held before the Grievance Committee under either Rule .0120(b) above or Rule .0120(c) above and the committee orders the imposition of reciprocal discipline, such discipline will run from the date of service of the final order of the chairperson of the Grievance Committee unless the committee expressly provides otherwise.