Dear Ms. Pearson,
The IRS informed me that NC state agencies reporting to the N.C. Controller, including, but not limited to the NC State Bar, must file IRS forms 8311 and 1099.The NC State Bar must file separate forms for its IOLTA trust fund.
Additionally, the Treasurer of the NC State Bar has not provided annual fiscal disclosures to the NC State Controller as required by:
NCGS §143.20.1 – Annual financial statements required for all state agencies.
NCGS §143-D-7 – Accounting duties of all state agencies – provide and certify correct fiscal information to state controller.
Please see the attached documents showing that the NC State Bar Treasurer has not provided the N.C. State Controller with required financial disclosures.
Additionally, the IRS requires all state agencies generating at least $10,000 in revenue to report it to the IRS on Form 8311.
Please repeal this bill because it allows the State Bar to violate the state statutes cited above. Please let me know when it has been corrected.
SESSION LAW 2011-267 SENATE BILL 272
SECTION 5. Article 4 of Chapter 84 of the General Statutes is amended by adding a new section to read:
“§ 84-32.1. Confidentiality of records.
(a) All documents, papers, letters, recordings, electronic records, or other documentary materials, regardless of physical form or characteristic, in the possession of the State Bar or its staff, employees, legal counsel, councilors, and Grievance Committee advisory members concerning any investigation, inquiry, complaint, disability, or disciplinary matter in connection with the State Bar Grievance Committee, the State Bar’s Trust Accounting Supervisory Program, or any audit of an attorney trust account shall not be considered public records within the meaning of Chapter 132 of the General Statutes.
(b) All documents, papers, letters, recordings, electronic records, or other documentary materials containing or reflecting the deliberations of the Disciplinary Hearing Commission in disciplinary or disability matters shall not be considered public records within the meaning of Chapter 132 of the General Statutes.
(c) Notwithstanding any other provision of this section, any record, paper, or other document containing information collected and compiled by or on behalf of the State Bar that is admitted as evidence in any hearing before the Disciplinary Hearing Commission, or any court or tribunal, shall be a public record within the meaning of Chapter 132 of the General Statutes unless it is admitted into evidence under seal by order of the Disciplinary Hearing Commission, or the court or tribunal in which the proceeding is held.
(d) All documents, papers, letters, recordings, electronic records, or other documentary materials in the possession of the State Bar or its staff, employees, legal counsel, and Lawyer Assistance Program volunteers, relating in any way to a member’s participation or prospective participation in the Lawyer Assistance Program, including, but not limited to, any medical, counseling, substance abuse, or mental health records, shall not be considered public records within the meaning of Chapter 132 of the General Statutes. Neither the State Bar nor any person acting under the authority of the State Bar or of the Lawyer Assistance Program shall be required to produce or testify regarding the contents or existence of such documents.”