Justia Professional Malpractice & Ethics Opinion Summaries

Patricia Burnette Chastain was appointed as the clerk of superior court in Franklin County in May 2013 and was subsequently elected to the position in November 2013 and reelected in 2017. In July 2020, an attorney named Jeffrey Thompson filed an affidavit requesting an inquiry into Ms. Chastain's conduct, alleging various instances of misconduct, including distributing gift certificates to jurors, allowing a judicial candidate to address a jury, and acting unprofessionally with correctional officers, among other allegations.Judge John M. Dunlow initially suspended Ms. Chastain and set a hearing date. However, due to a conflict of interest, Judge Dunlow and another judge were recused, and Judge Thomas H. Lock was appointed to preside over the removal inquiry. After an evidentiary hearing, Judge Lock issued an order in October 2020 permanently removing Ms. Chastain from her position based on findings of willful misconduct. Ms. Chastain appealed, and the Court of Appeals vacated the order, holding that Judge Lock lacked authority under Article IV of the North Carolina Constitution to remove her and remanded the case for reconsideration under Article VI.The Supreme Court of North Carolina reviewed the case and held that Judge Lock had the authority to preside over the removal proceeding as a replacement for the recused senior regular resident superior court judge. The court also held that procedural due process requires that removal be based only on conduct identified in the initiating affidavit. Furthermore, the court clarified that the standard for removal under Article IV is "misconduct," not "willful misconduct." The Supreme Court vacated the Court of Appeals' decision and remanded the case for reconsideration of removal under the proper standards. The court also noted that discretionary review was improvidently allowed regarding the procedure for disqualification under Article VI. View "In re Chastain" on Justia Law

In 2022, Walter D. Giese was charged with cyberstalking and making harassing phone calls to Sharon Griffin, the county manager for Onslow County, North Carolina. Giese moved to disqualify District Attorney Ernie Lee and his staff from prosecuting him, arguing that Griffin's role as county manager, which included overseeing the county's facilities and public services and proposing the county budget, created a conflict of interest. Giese contended that the prosecutors had a "self-interest" in appeasing Griffin, which could influence their decision-making in his case. The district court agreed and barred the Fifth Prosecutorial District from handling the case. The State challenged this decision, but the superior court upheld the disqualification order, finding a conflict of interest.The Supreme Court of North Carolina reviewed the superior court's order and vacated it, finding that the lower courts had erred in disqualifying the entire Fifth Prosecutorial District without finding an actual conflict of interest. The court clarified that an actual conflict of interest exists when the prosecution, by virtue of a prior attorney-client relationship, obtains confidential information that has been or is likely to be used to the detriment of the defendant. The court found that this was not the case here, as there was no evidence to suggest that anyone in the Fifth Prosecutorial District had ever represented Giese or obtained confidential information that could be used against him. The case was remanded for further proceedings. View "State v. Giese" on Justia Law

The Supreme Court of North Carolina was tasked with reviewing the decision of the Court of Appeals related to a defendant's claim of ineffective assistance of counsel. The defendant was convicted of first-degree murder in 1999 and sentenced to life imprisonment without parole. Over two decades later, the defendant filed a motion for appropriate relief (MAR), arguing that his trial counsel did not inform him of his right to testify and prevented him from testifying. He also claimed that his appellate counsel was ineffective because they filed an Anders brief.The Supreme Court concluded that the Court of Appeals correctly disposed of the defendant's claims. The record demonstrated that the defendant was aware of his right to testify, and there was no evidence to support his claim that his trial counsel prevented him from testifying. Furthermore, the defendant's claim that his appellate counsel was ineffective for failing to challenge limitations on an expert witness’s testimony was without merit because the trial court had appropriately restricted the expert from using legal terminology. Therefore, the defendant's claims of ineffective assistance of both trial and appellate counsel were deemed baseless.The Supreme Court also held that the standard of review set forth in a previous case, State v. Allen, which involved reviewing MARs in the light most favorable to defendants, was a departure from the court's longstanding standard of review. Thus, the court returned to the previous standard of review, which involves a statutory review pursuant to N.C.G.S. § 15A-1420(c). View "State v. Walker" on Justia Law

In this interlocutory appeal, the Supreme Court affirmed the order of the trial court compelling discovery pursuant to N.C. R. Civ. P. 37, holding that the trial court was not required to make findings of fact to support its ruling.Plaintiff brought an action for wrongful death against the defendants from which the decedent sought medical care. At issue was Plaintiff's motion to compel Defendants to comply with an existing discovery order. The trial court granted the motion but did not make specific findings of fact. The court of appeals remanded the case for the trial court to enter factual findings and conclusions of law. The Supreme Court reversed, holding (1) Defendants did not specifically request findings of fact regarding the statutory elements set forth in N.C. Gen. Stat. 90-21.22A; and (2) in the absence of such a request, the trial court was not required to make any findings of fact in resolving Plaintiff's motion to compel. View "Williams v. Allen" on Justia Law

The Supreme Court ordered that Respondent, C. Randy Pool, a Judge of the General Court of Justice, District Court Division, Judicial District 29A, be censured for conduct in violation of Canons 1, 2A, 2B, 3A(4), and 3A(5) of the North Carolina Code of Judicial Conduct and pursuant to N.C. Gen. Stat. 7A-376(b) for conduct prejudicial to the administration of justice that brings the judicial office into disrepute.The Judicial Standards Commission filed a Recommendation of Judicial Discipline recommending that Respondent be censured for sexual misconduct. The Supreme Court concluded that the Commission's findings of fact were supported by clear and convincing evidence and that the Commission's conclusions of law were supported by those facts. The Court then ordered that Respondent be censured. View "In re Pool" on Justia Law

The Supreme Court ordered that Respondent Michael A. Stone, a judge of the General Court of Justice, District Court Division 16A, be censured for conduct in violation of Canons 1, 2A, and 2B of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of N.C. Gen. Laws 7A-376, holding that the Judicial Standards Commission's findings were adequately supported by clear and convincing evidence and supported the Commission's conclusions of law.The Commission filed a statement of charges against Respondent alleging that he had engaged in conduct inappropriate to his judicial office by, among other things, demonstrating a lack of respect for the office and by making a number of misleading and grossly negligent assertions regarding his representation of a former client. Based on its findings of fact and conclusions of law, the Commission recommended that the Supreme Court censure Respondent. After weighing the severity of Respondent's misconduct against his candor and cooperation, the Supreme Court concluded that the Commission's recommended censure was appropriate. View "In re Stone" on Justia Law

The Supreme Court held that summary judgment was improper in this case alleging fraudulent concealment and professional negligence.In her complaint, Plaintiff alleged that Defendants failed properly to prepare and file her delinquent tax returns for tax years 2006 through 2009 and intentionally deceived her about the status of the returns. The trial court allowed Defendants’ motion for partial summary judgment regarding Plaintiff’s fraudulent concealment claim, the corresponding claim for punitive damages, and Defendants’ statute of repose defense for professional negligence for tax years 2006 and 2007. The court of appeals reversed the trial court’s decision regarding the statute of repose and affirmed the trial court’s dismissal of Plaintiff’s fraudulent concealment claim and Plaintiff’s related claim for punitive damages. The Supreme Court reversed in part, holding that genuine issues of material fact existed regarding the fraudulent concealment claim and the accompanying punitive damages claim, as well as the triggering event for the running of the statute of repose. View "Head v. Gould Killian CPA Group, P.A." on Justia Law

CommScope Credit Union (Plaintiff), a state-chartered credit union, hired Butler & Burke, LLP (Defendant), a certified public accounting firm, to conduct annual independent audits of its financial statements. Plaintiff later filed a complaint alleging breach of contract, negligence, breach of fiduciary duty, and professional malpractice. Defendant pleaded seven affirmative defenses, including contributory negligence and in pari delicto. The trial court subsequently granted Defendant’s motion to dismiss and for judgment on the pleadings. The court of appeals reversed, concluding (1) the specific allegations in Plaintiff’s complaint were sufficient to state a claim for breach of fiduciary duty, and (2) Defendant’s affirmative defenses would not entitle Defendant to dismissal at this stage. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) Plaintiff’s allegations did not establish that Defendant owed it a fiduciary duty in fact, and therefore, the trial court correctly dismissed Plaintiff’s breach of fiduciary duty claim; and (2) the members of the Court are equally divided on whether the facts alleged in the complaint established the defenses of contributory negligence and in pari delicto, and therefore, the court of appeals’ decision on this issue is left undisturbed. View "CommScope Credit Union v. Butler & Burke, LLP" on Justia Law

The suit arose from Plaintiff's visit to the dentist for a routine tooth extraction, which Plaintiff alleged resulted in a broken jaw. The trial court granted Defendants' motions for summary judgment for Plaintiff's failure to comply with N.C. R. Civ. P. 9(j) in proffering her only expert witness. The court of appeals reversed, concluding that the expert witness could have been reasonably expected to qualify under N.C. R. Evid. 702 as required by Rule 9(j). The Supreme Court affirmed, holding that Plaintiff's proffered expert witness could have been "reasonably expected to qualify as an expert witness" under Rule 702, and therefore, Plaintiff satisfied the preliminary requirements of Rule 9(j). Remanded. View "Moore v. Proper" on Justia Law