The North Carolina Court of Appeals affirmed an order

Issues

The issues before this Court are whether the trial court: (1) abused its discretion in denying Respondent the opportunity to present evidence at the new hearing to determine disciplinary sanctions; (2) abused its discretion upon the judge’s failure to recuse himself ex mero motu from the sanctions hearing; (3) abused its discretion by imposing on Respondent a two-year suspension from the practice of law; and (4) erred by failing to specify in its Order the duration of the active period of suspension Respondent is to serve prior to any petition for stay of suspension.

The court rejected the application of criminal sentencing law in upholding the trial court’s discretion.

Recusal

In this case, Respondent admits in his brief he “never moved to recuse Judge Blount from the resentencing hearing or requested that Judge Blount explain the level of contact he had with Judge Foster, who was a material witness.” By not moving to recuse Judge Blount, Respondent failed to preserve the issue for appeal.