NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 1152

SENATE BILL 1090

AN ACT TO AMEND CHAPTER 84 RELATIVE TO THE NORTH CAROLINA STATE BAR.

The General Assembly of North Carolina enacts:

Section 1. G.S. 84-16 is amended by rewriting the same to read as follows:

"The membership of the North Carolina State Bar shall consist of two classes, active and inactive.

The active members shall be all persons who shall have heretofore obtained, or who shall hereafter obtain, a license or certificate, which shall at the time be valid and effectual, entitling them to practice law in the State of North Carolina, who shall have paid the membership dues hereinafter specified, unless classified as an inactive member by the Council as hereinafter provided. No person other than a member of the North Carolina State Bar shall practice in any court of the State except foreign attorneys as provided by statute.

Inactive members shall be all persons found by the Council to be not engaged in the practice of law and not holding themselves out as practicing attorneys and not occupying any public or private positions in which they may be called upon to give legal advice or counsel or to examine the law or to pass upon the legal effect of any act, document, or law.

Only active members shall be required to pay annual membership fees, and shall have the right to vote. A member shall be entitled to vote at all annual or special meetings of the North Carolina State Bar, and at all meetings of and elections held by the bar of each of the judicial districts in which he resides: Provided, that if he desires to vote with the bar of some district in which he practices, other than that in which he resides, he may do so upon filing with the resident judge of the district in which he resides (and, after the North Carolina State Bar shall have been organized as hereinafter set forth, with the secretary-treasurer of the North Carolina State Bar), his statement in writing that he desires to vote in such other district: Provided, however, that in no case shall he be entitled to vote in more than one district."

Sec. 2.  G.S. 84-17 is amended by deleting the last portion of the first sentence thereof which now reads "and each retiring president of the North Carolina State Bar whose term expires after October 1, 1961, who shall be a councilor for a term of three years from the date of the expiration of his term as president."

and the same is rewritten as follows:

"and each retiring president of the North Carolina State Bar whose term of office expires beginning with the Annual Meeting in 1973, who shall be a councilor for a period of one year from the date of the expiration of his term as president: Provided, that this shall not affect any president retiring prior to 1973."

Sec. 3.  G.S. 84-22 is deleted and rewritten to read as follows:

"The officers of the North Carolina State Bar shall be a president, a president-elect, a vice-president, and a secretary-treasurer, who shall be deemed likewise to be the officers, with the same titles, of the council. Their duties shall be prescribed by the council. The president-elect and the vice-president shall be elected by the members of the North Carolina State Bar at its annual meeting and the secretary-treasurer shall be elected by the council. All officers shall hold office for one year and until their successors are elected and qualified. The president-elect shall take office as president at the conclusion of the annual meeting following his term of office as president-elect. The officers need not be members of the council."

Sec. 4.  G.S. 84-34 is amended by deleting the entire first sentence and inserting in lieu thereof the following:

"Every active member of the North Carolina State Bar shall, prior to the first day of July of each year, beginning with the year 1975, pay to the secretary-treasurer an annual membership fee of $45.00, and every member shall notify the secretary-treasurer of his correct post office address."

Sec. 5.  This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 4th day of April, 1974.