27-14 Disbarment or Suspension of Attorneys
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<![CDATA[CHAPTER 27-14DISBARMENT OR SUSPENSION OF ATTORNEYS27-14-01. Admission to bar revocable. The power to revoke or suspend the certificateof admission of an attorney or counselor at law is vested in the supreme court.27-14-02. Causes for suspension or revocation of certificate of admission to bar.The certificate of admission to the bar of this state of an attorney and counselor at law may be<br>revoked or suspended by the supreme court if that attorney has:1.Committed an offense determined by the supreme court to have a direct bearing<br>upon a person's ability to serve the public as an attorney and counselor at law, or the<br>supreme court determines, following conviction of an offense, that the person is not<br>sufficiently rehabilitated under section 12.1-33-02.1;2.Willfully disobeyed or violated an order of the court requiring the attorney to do or to<br>refrain from doing an act connected with or in the course of the attorney's<br>professional practice;3.Willfully violated any of the duties of an attorney or counselor at law;4.Engaged, while attorney general or assistant attorney general of this state, or while<br>employed in the office of the attorney general, in the private practice of the law, or<br>rendered to any person, for pay, profit, and remuneration, any legal services other<br>than those required in performing the duties imposed upon the attorney by virtue of<br>the duties of the attorney's office, but an assistant attorney general may finish any<br>case, proceeding, or legal business in which the assistant attorney general was<br>engaged at the time of the person's appointment, and an attorney general or<br>assistant attorney general with the permission of the attorney general may<br>voluntarily represent indigent clients referred by an organized pro bono program in<br>addition to the regular duties of the attorney's office; such pro bono representation<br>must be at no cost to the state of North Dakota;5.Appeared, while state's attorney or assistant state's attorney of any county of this<br>state or while an employee in the office of the state's attorney, as an attorney for the<br>defense in any criminal action which it was the attorney's duty to prosecute;6.Been convicted of any offense mentioned in section 27-13-08, 27-13-09, 27-13-11,<br>or 27-13-12; or7.Committed any other act which tends to bring reproach upon the legal profession.<br>The enumeration of certain grounds for disbarment or suspension of attorneys at law<br>may not be deemed a limitation upon the general powers of the supreme court to<br>suspend or disbar for professional misconduct.27-14-03.Reference to state bar board by supreme court.Whenever a verifiedcomplaint is made and filed with the clerk of the supreme court charging any member of the bar<br>of this state with conduct warranting that person's disbarment or suspension as an attorney at<br>law and it appears to the court that those charges should be investigated, those charges must be<br>referred to the state bar board with directions to investigate the same.27-14-04. Investigation by bar board - Witnesses, subpoenas, oaths, testimony.When a complaint charging a member of the bar with misconduct is referred to the state bar<br>board for investigation, each member of such board may:1.Issue a subpoena commanding any witness to appear at any place within the judicial<br>district in which the witness resides;Page No. 12.Administer oaths to witnesses; and3.Take testimony concerning the charges made in the complaint.27-14-05.Report by bar board.When the state bar board has completed itsinvestigation of a complaint filed against a member of the bar as provided in section 27-14-04, it<br>shall make a report to the supreme court stating therein its conclusions as to the charges<br>investigated and its recommendations as to further proceedings.27-14-06. Prosecution by state bar board. Upon receiving the report mentioned insection 27-14-05, the supreme court may order and direct the state bar board to file accusations<br>and begin proceedings for the disbarment, suspension, or other discipline of the accused<br>attorney in accordance with the procedure provided in this chapter, or such other procedure as<br>the court may prescribe. If an order is made directing the bar board to begin such proceedings, it<br>then is the duty of such board to comply therewith and to select and designate an attorney to<br>prosecute the proceeding or to conduct the prosecution by its own members.27-14-07. Filing of accusations - Answer thereto. Upon the initiation of a disbarmentproceeding, counsel charged with the prosecution thereof shall file accusations and cause the<br>same to be served as the court may direct. The accused may plead to the accusations within the<br>time for answer prescribed by the court.27-14-08. Trial. If a copy of the complaint against the accused has been served uponthe accused and the accused has been given an opportunity to be heard, the proceeding, when<br>issue is joined, must be referred by the supreme court for the taking of testimony and the making<br>of findings and recommendations. Upon the filing of such findings and recommendations, or<br>upon the default of the accused, or upon the accused's plea of guilty, the court shall render such<br>judgment as the case may require.27-14-09.Revocation and suspension.The revocation and suspension of anattorney's certificate of admission to the bar constitutes a forfeiture of that individual's office as an<br>attorney or counselor at law to practice in the courts of this state so long as such revocation or<br>suspension is in effect.27-14-10.Expenses of prosecution.The expenses incident to the investigation ofcharges against a member of the bar of this state and to a prosecution of the accused must be<br>paid out of the state bar fund.Page No. 2Document Outlinechapter 27-14 disbarment or suspension of attorneys]]>