§ 84-24. Admission to practice. - North Carolina Statutes

§ 84‑24.  Admission topractice.

For the purpose of examiningapplicants and providing rules and regulations for admission to the Barincluding the issuance of license therefor, there is hereby created the Boardof Law Examiners, which shall consist of 11 members of the Bar, elected by theCouncil, who need not be members of the Council. No teacher in any law school,however, shall be eligible. The members of the Board of Law Examiners electedfrom the Bar shall each hold office for a term of three years.

The Board of Law Examinersshall elect a member of the Board as chair thereof, and the Board may employ anexecutive secretary and provide such assistance as may be required to enablethe Board to perform its duties promptly and properly. The chair and any employeesshall serve for a period of time determined by the Board.

The examination shall be heldin the manner and at the times as the Board of Law Examiners may determine.

The Board of Law Examinersshall have full power and authority to make or cause to be made suchexaminations and investigations as may be deemed by it necessary to satisfy itthat the applicants for admission to the Bar possess the qualifications ofcharacter and general fitness requisite for an attorney and counselor‑at‑lawand to this end the Board of Law Examiners shall have the power of subpoena andto summons and examine witnesses under oath and to compel their attendance andthe production of books, papers and other documents and writings deemed by itto be necessary or material to the inquiry and shall also have authority toemploy and provide assistance as may be required to enable it to perform itsduties promptly and properly. Records, papers, and other documents containinginformation collected and compiled by the Board or its members or employees asa result of investigations, inquiries, or interviews conducted in connectionwith examinations or licensing matters, are not public records within themeaning of Chapter 132 of the General Statutes.

All applicants for admissionto the Bar shall be fingerprinted to determine whether the applicant has arecord of criminal conviction in this State or in any other state orjurisdiction. The information obtained as a result of the fingerprinting of anapplicant shall be limited to the official use of the Board of Law Examiners indetermining the character and general fitness of the applicant.

The Department of Justice mayprovide a criminal record check to the Board of Law Examiners for a person whohas applied for a license through the Board. The Board shall provide to theDepartment of Justice, along with the request, the fingerprints of theapplicant, any additional information required by the Department of Justice,and a form signed by the applicant consenting to the check of the criminalrecord and to the use of the fingerprints and other identifying informationrequired by the State or national repositories. The applicant's fingerprintsshall be forwarded to the State Bureau of Investigation for a search of theState's criminal history record file, and the State Bureau of Investigationshall forward a set of the fingerprints to the Federal Bureau of Investigationfor a national criminal history check. The Board shall keep all informationpursuant to this subsection privileged, in accordance with applicable State lawand federal guidelines, and the information shall be confidential and shall notbe a public record under Chapter 132 of the General Statutes.

The Department of Justice maycharge each applicant a fee for conducting the checks of criminal historyrecords authorized by this section.

The Board of Law Examiners,subject to the approval of the Council, shall by majority vote, from time totime, make, alter, and amend such rules and regulations for admission to theBar as in their judgment shall promote the welfare of the State and theprofession: Provided, that any change in the educational requirements foradmission to the Bar shall not become effective within two years from the dateof the adoption of the change.

All rules and regulations, andmodifications, alterations and amendments thereof, shall be recorded andpromulgated as provided in G.S. 84‑21 in relation to the certificate oforganization and the rules and regulations of the Council.

Whenever the Council shallorder the restoration of license to any person as authorized by G.S. 84‑32,it shall be the duty of the Board of Law Examiners to issue a written licenseto the person, noting thereon that the license is issued in compliance with anorder of the Council, whether the license to practice law was issued by theBoard of Law Examiners or the Supreme Court in the first instance.

Appeals from the Board shallbe had in accordance with rules or procedures as may be approved by the SupremeCourt as may be submitted under G.S. 84‑21 or as may be promulgated bythe Supreme Court. (1933,c. 210, s. 10; c. 331; 1935, cc. 33, 61; 1941, c. 344, s. 6; 1947, c. 77; 1951,c. 991, s. 1; 1953, c. 1012; 1965, cc. 65, 725; 1973, c. 13; 1977, c. 841, s.2; 1983, c. 177; 1991, c. 210, s. 4; 1995, c. 431, s. 17; 2002‑147, s.5.)