Legal Opinion

In re License of Delk

Court of Appeals of North Carolina

Decided May 18, 1993No. 9230SC533Published

1Opinion of the Court

WELLS, Judge.

Although respondent sets forth several assignments of error for our review, there is only one dispositive question before us: whether a disbarment order is valid where the judge who issued the show cause order had no assignment to the county where the ordered hearing was to be held. We hold it is not.

Our Court squarely addressed the question of a court’s limited authority to issue an order in the absence of a commission in Delk I:

[Judgments and orders substantially affecting the rights of parties to a cause pending in the Superior Court at a term must be made in the county and at…

2Cases cited3 opinions

  1. State v. BooneSupreme Court of North Carolina · 1984
  2. Shepard v. . LeonardSupreme Court of North Carolina · 1943
  3. In re License of DelkCourt of Appeals of North Carolina · 1991

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