Legal Opinion · Concurrence

North Carolina State Bar v. Tillett

Supreme Court of North Carolina

Decided December 21, 2016No. 208PA15Published

1ConcurrenceChief Justice Martin

I fully join the majority opinion. The Constitution of North Carolina requires that the General Assembly “prescribe a procedure, in addition to impeachment and address set forth in this section ... for the censure and removal of a Justice or Judge of the General Court of Justice.” N.C. Const, art. IV, § 17(2). The constitution thus provides for only three methods to discipline sitting judges: impeachment, address, and “a procedure” prescribed by the General Assembly.

The procedure that the General Assembly has, in fact, prescribed establishes the Judicial Standards Commission (JSC) as the sole…

2Cases cited7 opinions

  1. In Re Inquiry Concerning Judge NowellSupreme Court of North Carolina · 1977
  2. In Re Inquiry Concerning Judge HardySupreme Court of North Carolina · 1978
  3. State v. IngleSupreme Court of North Carolina · 1994
  4. Sisk v. Transylvania Community Hospital, Inc.Supreme Court of North Carolina · 2010
  5. Alabama State Bar Ex Rel. Steiner v. MooreSupreme Court of Alabama · 1968

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