N.C. Gen. Stat. § 84-23

Powers of Council

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(a) The Council is vested, as an agency of the State, with the authority to regulate the professional conduct of licensed lawyers and State Bar certified paralegals. Among other powers, the Council shall administer this Article; take actions that are necessary to ensure the competence of lawyers and State Bar certified paralegals; formulate and adopt rules of professional ethics and conduct; investigate and prosecute matters of professional misconduct; expunge disciplinary actions; grant or deny petitions for reinstatement; resolve questions pertaining to membership status; arbitrate disputes concerning legal fees; certify legal specialists and paralegals and charge fees to applicants and participants necessary to administer these certification programs; determine whether a member is disabled; maintain an annual registry of interstate and international law firms doing business in this State; and formulate and adopt procedures for accomplishing these purposes. The Council may do all things necessary in the furtherance of the purposes of this Article that are not otherwise prohibited by law.

(b) The Council or any committee of the Council, including the Client Security Fund and the Disciplinary Hearing Commission or any committee of the Commission, may subpoena financial records of any licensed lawyers, lawyers whose licenses have been suspended, or disbarred lawyers, relating to any account into which client or fiduciary funds have been deposited.

(d) The Council may acquire, hold, rent, encumber, alienate, lease, and otherwise deal with real or personal property in the same manner as any private person or corporation, subject only to the approval of the Governor and the Council of State as to the acquisition, rental, encumbering, leasing and sale of real property. The Council may borrow money upon its bonds, notes, debentures, or other evidences of indebtedness sold through public or private sale pursuant to a loan agreement or a trust agreement or indenture with a trustee, with such borrowing either unsecured or secured by a mortgage on the Council's interest in real or personal property, and engage and contract with attorneys, underwriters, financial advisors, and other parties as necessary for such borrowing, with such borrowing and security subject to the approval of the Governor and the Council of State. The Council may utilize the services of the Purchase and Contract Division of the Department of Administration to procure personal property, in accordance with the provisions of Article 3 of Chapter 143 of the General Statutes. However, the Council shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) authorized by this subsection to the Attorney General or the Attorney General's designee for review as provided in G.S. 114-8.3; and (ii) include in all contracts to be awarded by the Council under this subsection a standard clause which provides that the State Auditor and internal auditors of the Council may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. The Council shall not award a cost plus percentage of cost agreement or contract for any purpose. (1933, c. 210, s. 9; 1935, c. 74, s. 1; 1937, c. 51, s. 2; 1975, c. 582, s. 3; 1977, c. 841, s. 2; 1995, c. 431, s. 16; 2003-116, s. 2; 2004-174, s. 1; 2005-396, s. 4; 2009-82, s. 2; 2010-194, s. 12; 2011-326, s. 15(l); 2024-25, s. 2(b).)

Notes of Decisions

Cited in 20 cases (4 in the last 5 years), 1956–2026 · leading case: Gilbert v. North Carolina State Bar

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Gilbert v. North Carolina State Bar (2009) nc · cites it 8× “N.C.G.S. § 84-23 (2007). Assuming that defendant's expeditious prosecution of Gilbert III implicates this substantial right, it is defendant's conduct, and not the interlocutory order in the instant case, that has unnecessarily delayed the prosecution of Gilbert III.”

Harris & Hilton, P.A. v. Rassette (2017) ncctapp · cites it 4× “However, in making this argument, Harris & Hilton misunderstands the role of this Court given that it is asking us not to interpret Rule 3.”

Cabarrus Cty. Bd. of Educ. v. Dep't of State Treasurer (2018) ncctapp · cites it 3× “: Provided, that the [C]ourt may decline to have so entered upon its minutes any rules, regulations and amendments which in the opinion of the Chief Justice are inconsistent with this Article.”

Frazier v. Murray (1999) ncctapp · cites it 4× “The duties of the DHC are delegated to it by the Council of the North Carolina State Bar ("Council").”

North Carolina State Bar v. Randolph (1989) nc · cites it 3× “Thus, plaintiff and the trial courts of this state share concurrent jurisdiction over matters of attorney discipline.”

Cunningham v. Selman (2009) ncctapp · cites it 2× “N.C. Gen. Stat. § 84-23 (a) (emphasis added).”

North Carolina Baptist Hospitals, Inc. v. Crowson (2003) ncctapp · cites it 4× “See N.C. Gen.Stat. § 84-23 and 84-21. The North Carolina Code of Professional Responsibility (1973) governed until 1985, when the North Carolina Rules of Professional Conduct (1985) took effect.”

Disciplinary Hearing Commission v. Frazier (2001) nc · cites it 3× “N.C.G.S. § 84-23 (1999). The authority of the North Carolina State Bar to disbar attorneys under N.”

N.C. State Bar v. Musinguzi (2025) ncctapp · cites it 73× “State Bar under N.C. Gen. Stat. § 84-23 (a) and Rule 8.5(a) of the Rules of Professional Conduct, and this Hearing Panel has subject matter jurisdiction over this matter.”

McMichael v. Proctor (1956) nc “G.S. 84-23, 28. In any event, the widow in her pleadings presents for decision the identical question the administrator seeks to present in his reply.”

In re Beasley (2002) ncctapp · cites it 2× “” N.C. Gen. Stat. § 84-23 (2001). Among other powers, the Council may “investigate and prosecute matters of professional misconduct” and “grant or deny petitions for reinstatement.”

North Carolina State Bar v. Tillett (2016) nc · cites it 8× “§ 84-23(a) (2015). The active membership of the State Bar “shall be all persons who have obtained a license or certificate, entitling them to practice law in the State of North Carolina, who have paid the membership dues specified, and who have satisfied all other obligations of…”

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— N.C. Gen. Stat. § 84-23(a) — 3 cases

Gilbert v. North Carolina State Bar (2009) nc “N.C.G.S. § 84-23 (2007). Assuming that defendant's expeditious prosecution of Gilbert III implicates this substantial right, it is defendant's conduct, and not the interlocutory order in the instant case, that has unnecessarily delayed the prosecution of Gilbert III.”

N.C. State Bar v. Musinguzi (2025) ncctapp “State Bar under N.C. Gen. Stat. § 84-23 (a) and Rule 8.5(a) of the Rules of Professional Conduct, and this Hearing Panel has subject matter jurisdiction over this matter.”

North Carolina State Bar v. Tillett (2016) nc “§ 84-23(a) (2015). The active membership of the State Bar “shall be all persons who have obtained a license or certificate, entitling them to practice law in the State of North Carolina, who have paid the membership dues specified, and who have satisfied all other obligations of…”

— N.C. Gen. Stat. § 84-23(b) — 1 case

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