May State Bar Discipline A Judge?

We recently reported on disciplinary charges brought against a judge for alleged misconduct in his judicial capacity.

The judge has filed a motion to dismiss the allegations in which he contends that (1) the State Bar lacks jurisdiction over the matter as he was not engaged in the practice of law, (2) the prior inquiry by the Judicial Standards Commission creates an estoppel of the present charges and (3) he has been denied due process of law.

The News Observer reported on recent  legislative support for the judge, who was reprimanded by judicial authorities

A state senator is trying to help a Superior Court judge in his district escape sanctions from the N.C. State Bar, which regulates lawyers in North Carolina.

Sen. Bill Cook, a three-term Republican legislator from Beaufort County, says he thinks Superior Court Judge Jerry Tillett shouldn’t have to risk losing his license to practice law because he was already sanctioned by the state Judicial Standards Commission.

The State Bar is basing its disciplinary case against the judge on the same issues that led to a sanction from the Judicial Standards Commission. The judge received a “public reprimand” two years ago for misuse of power in a dispute with the Kill Devil Hills police chief and the county’s district attorney.

Cook said Friday that he filed a bill, Senate Bill 323, to protect Tillett and any judge who finds himself or herself in that situation. He filed the bill Wednesday, two days after the State Bar posted its March 6 complaint against Tillett on its website.

(Mike Frisch)