BILL TRACKING SUMMARY FOR THIS DOCUMENT

SYNOPSIS: AN ACT TO STRENGTHEN THE LAWS AGAINST DOMESTIC VIOLENCE, TO PROVIDE ADDITIONAL ASSISTANCE TO DOMESTIC VIOLENCE VICTIMS, AND TO MAKE OTHER CHANGES AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON DOMESTIC VIOLENCE.

NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

[D> Text within these symbols is deleted <D]

SECTION 4.2. G.S. 84-4.1 reads as rewritten:

"Section 84-4.1. Limited practice of out-of-state attorneys.

Any attorney domiciled in another state, and regularly admitted to practice in the courts of record of that state and in good standing therein, having been retained as attorney for a party to any civil or criminal legal proceeding pending in the General Court of Justice of North Carolina, the North Carolina Utilities Commission, the North Carolina Industrial Commission, the Office of Administrative Hearings of North Carolina, or any administrative agency, may, on motion, be admitted to practice in that forum for the sole purpose of appearing for a client in the litigation. The motion required under this section shall be signed by the attorney and shall contain or be accompanied by:

(1) The attorney's full name, post-office address, bar membership number, and status as a practicing attorney in another state.

(2) A statement, signed by the client, setting forth the client's address and declaring that the client has retained the attorney to represent the client in the proceeding.

(3) A statement that unless permitted to withdraw sooner by order of the court, the attorney will continue to represent the client in the proceeding until the final determination thereof, and that with reference to all matters incident to the proceeding, the attorney agrees to be subject to the orders and amenable to the disciplinary action and the civil jurisdiction of the General Court of Justice and the North Carolina State Bar in all respects as if the attorney were a regularly admitted and licensed member of the Bar of North Carolina in good standing.

(4) A statement that the state in which the attorney is regularly admitted to practice grants like privileges to members of the Bar of North Carolina in good standing.

(5) A statement to the effect that the attorney has associated and is personally appearing in the proceeding, with an attorney who is a resident of this State and is duly and legally admitted to practice in the General Court of Justice of North Carolina, upon whom service may be had in all matters connected with the legal proceedings, or any disciplinary matter, with the same effect as if personally made on the foreign attorney within this State.

(6) A statement accurately disclosing a record of all that attorney's disciplinary history. Discipline shall include (i) public discipline by any court or lawyer regulatory organization, and (ii) revocation of any pro hac vice admission.

[A> (7) A FEE IN THE AMOUNT OF ONE HUNDRED DOLLARS ($ 100.00) FOR SUPPORT OF THE GENERAL COURT OF JUSTICE TO BE REMITTED TO THE STATE TREASURER. <A]  [THIS AMOUNT HAS BEEN AMENDED - SEE BELOW]

Compliance with the foregoing requirements does not deprive the court of the discretionary power to allow or reject the application."

 SECTION 4.5. Section 4.2 of this part becomes effective October 1, 2004, and applies to all motions filed on or after that date. Sections 4.3 and 4.4 of this part become effective October 1, 2004, and apply to fees assessed or paid on or after that date. The remainder of this part is effective when it becomes law.

IMPORTANT NOTE:  The fee was increased on September 1, 2005, to a total of $125.  Of that amount, $100 is remitted to the State's General Fund as a General Court of Justice fee. The other $25 is remitted to the State Treasurer and then on to the State Bar. The Bar is directed by G. S. 84-4.1 to use those funds to regulate the practice of out-of-state attorneys.

Please note for cases within the North Carolina Business Court's jurisdiction:

1.    Any original pro hac vice motion must be filed with the Clerk of Court in the county where the case is pending, as well as e-filed with the North Carolina Business Court.

2.    The fee should be paid to the Clerk of Court in the county where the case is pending.