Carolina In My Mind

As I have previously mentioned, I am an unabashed fan of the bar discipline transparency of the web page of the North Carolina State Bar. 

One the the unique features are periodic reports of the Office of Counsel and the Disciplinary Hearing Commission.

The July 2020 Office of Counsel  report offers a treasure trove of information that includes summaries of recent decisions and pending matters.

Among the pending cases

Blitzer, of Reidsville, was the elected district attorney of Rockingham County. Blitzer pled guilty in Wake County Superior Court to misdemeanor willful failure to discharge duties. In August 2017, the Chair of the DHC entered an order of interim suspension of his law license. It is alleged that while serving as the District Attorney, Blitzer benefitted from his wife’s State employment knowing that she did not perform any meaningful work for the benefit of the State; personally took, and asked staff  to take, online academic classes for his wife on State time; and failed to provide discovery in criminal cases. Hearing has not been scheduled.

Megaro, of Orlando, Florida, represented two clients with IQs in the 50s, both of whom were sentenced to death and imprisoned for decades after being wrongfully convicted of the rape and murder of a child. They have now been exonerated. It is alleged that Megaro embezzled his clients’ money, charged a “nonrefundable” fee, charged an excessive fee, made misrepresentations to his clients, made misrepresentations to tribunals, aided others in the unauthorized practice of law, and did not act with diligence. Hearing was continued and has not been rescheduled.

Flint, of Charlotte, was found guilty by a jury in federal court in California of entering an airport area in violation of security requirements, a felony. Flint was sentenced to fourteen months in prison. In October 2019, the chair of the DHC entered an order of interim suspension of his law license. It is alleged that Flint was convicted of a felony reflecting adversely on his fitness as a lawyer, presented false diplomatic credentials to TSA agents to avoid having his bag searched before boarding an airplane, and falsely asserted that he was a diplomat for the International Human Rights Commission. The case is stayed until Flint is released from prison. Hearing has not been scheduled.

Among the pending appeals

Springs, of Mecklenburg County, posted on her YouTube channel a link to the video deposition of an opposing party’s representative. The DHC concluded that posting the video served no substantial purpose other than to humiliate or embarrass the witness. Springs maintained the link on her YouTube channel for eleven months after a federal court ordered her to remove it. The DHC reprimanded her. She appealed. The State Bar filed its brief on March 27. All briefs have been filed. The Court will decide the case on August 12 without oral argument. The Order of Discipline is stayed pending appeal.

One of the occupational hazards of being a bar prosecutor is getting sued by unhappy complainants and accused attorneys.

North Carolina seems to get more than its share of these suits and the report describes each of them.

For example

Allen was convicted of murder in Durham. His conviction was vacated in one of the cases that led to removal of Tracey Cline as Durham County District Attorney. Allen has filed multiple pro se complaints in federal court against numerous parties directly and indirectly associated with his case. This lawsuit alleges that the State Bar and several of its employees violated his civil rights because his grievances were not properly considered. The trial court dismissed the complaint on its own motion following a frivolity review. Allen gave notice of appeal. On April 17, 2020, the Fourth Circuit affirmed the trial court per curiam. Allen filed a petition for certiorari with the U.S. Supreme Court on April 20. The Court’s docket shows that the petition will be considered at its September 29, 2020 conference.

Polidi surrendered his law license and was disbarred by the Wake County Superior Court in 2014. In July 2017, he filed this action against Carmen Bannon, State Bar deputy counsel, in her official and individual capacities. Polidi makes vague, generalized allegations relating to his decision to surrender his law license and consent to be disbarred. He has never served Bannon. If he does, the OOC will represent her.

This is a purported tort claim alleging that the State Bar failed to “stop, act or prosecute” Daniel Zamora. Arroyo has previously filed other claims in state and federal courts against the State Bar which have been dismissed. The deputy commissioner dismissed the claims with prejudice on June 29, 2020. Arroyo appealed. The Attorney General represents the State Bar.

Exum filed a grievance, which was dismissed. Exum demanded an explanation for the dismissal. The State Bar sent Exum a letter in response. Exum alleges that the letter was unsolicited, that it contains false and unfounded information about him, and that it served no purpose other than to embarrass and harass him. The OAH dismissed Exum’s claim. He appealed to Wake County Superior Court. No hearing has been scheduled. The Attorney General represents the State Bar.

And a fond farewell to my erstwhile NOBC colleague Root Edmonson

Despite my many efforts, Root will retire on August 7 and Mary will retire on September 30. Root and Mary have spent illustrious careers serving the people of North Carolina and the legal profession. They are beloved by their colleagues in the OOC.

(Mike Frisch)