section .0900 – Procedures for THE Administrative Committee

 

27 NCAC 01D .0901          Transfer to Inactive Status

(a)  Petition for Transfer to Inactive Status

Any member who desires to be transferred to inactive status

shall file a petition with the secretary addressed to the council setting forth

fully

(1)           the member's name and current address;

(2)           the date of the member's admission to the

North Carolina State Bar;

(3)           the reasons why the member desires transfer

to inactive status;

(4)           that at the time of filing the petition the

member is in good standing having paid all membership fees, Client Security

Fund assessments, late fees and costs assessed by the North Carolina State Bar,

as well as all past due fees, fines and penalties owed to the Board of

Continuing Legal Education and without any grievances or disciplinary

complaints pending against him or her;

(5)           any other matters pertinent to the

petition.

(b)  Conditions Upon Transfer.  No member may be voluntarily

transferred to disability-inactive status, retired/nonpracticing status, or

emeritus pro bono status until:

(1)           the member has paid all membership fees, Client

Security Fund assessments, late fees, and costs assessed by the North Carolina

State Bar or the Disciplinary Hearing Commission, as well as all past due fees,

fines and penalties owed to the Board of Continuing Legal Education;

(2)           the member acknowledges that the member

continues to be subject to the Rules of Professional Conduct and to the

disciplinary jurisdiction of the State Bar including jurisdiction in any

pending matter before the Grievance Committee or the Disciplinary Hearing

Commission; and,

(3)           in the case of a member seeking emeritus

pro bono status, it is determined by the Administrative Committee that the

member is in good standing, is not the subject of any matter pending before the

Grievance Committee or the Disciplinary Hearing Commission, and will be

supervised by an active member employed by a nonprofit corporation qualified to

render legal services pursuant to G.S. 84-5.1.

(c)  Order Transferring Member to Inactive Status.  Upon

receipt of a petition which satisfies the provisions of Rule .0901(a) above,

the council may, in its discretion, enter an order transferring the member to

inactive status and, where appropriate, granting emeritus pro bono status.  The

order shall become effective immediately upon entry by the council. A copy of

the order shall be mailed to the member.

 

History Note:        Authority G.S. 84-23;

Readopted Eff. December 8, 1994;

Amended Eff. March 6, 2014; March 6, 2008; February 3,

2000; March 7, 1996.