Opinion

In Re Inquiry Concerning Judge Nowell

  • 293 N.C. 235
  • 237 S.E.2d 246
  • 1977 N.C. LEXIS 893
Court
Supreme Court of North Carolina
Filed
Sep 12, 1977
Status
Published
Author
Lake
On the bench
Sharp, Lake
Cited by
139 cases
Authority
More cited than 6.3%

holding that Judicial Standards Commission, whose findings can lead to censure or removal by state supreme court, must accord due process hearing to district court judge

How later courts described this case

  • holding that Judicial Standards Commission, whose findings can lead to censure or removal by state supreme court, must accord due process hearing to district court judge
  • holding that “fundamental fairness entitles [the officer] to a hearing which meets the basic requirements of due process”
  • “wilful misconduct in office” and “conduct prejudicial to the administration of justice that brings the judicial office into disrepute”
  • " Wilful misconduct in office is the improper or wrongful use of the power of his office by a judge acting intentionally, or with gross unconcern for his conduct, and generally in bad faith ...."

Written by the judges who cited it.

The opinion

Justice LAKE

dissenting.

I dissent for the reasons stated in my dissenting opinion in In Re Crutchfield, 289 N.C. 597 , 223 S.E. 2d 822 (1975).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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