|
STATUS OF OUR PROPOSAL
On 07/16/04 the Council of the NC State Bar voted
unanimously to approve the Plan for Certification of Paralegals contingent on
HB356 being signed by the Governor. It will then be forwarded to the NC
Supreme Court for approval.
-------------------------------------------------------------------------------------
On 07/16/04 House Bill 356 became ratified after passing its 3rd
reading in the House on 7/15/04. It will become law once it is signed by
the Governor. The status of HB356
can be viewed
here. The text of HB356 can be viewed
here. The law becomes effective on October 1, 2004.
-------------------------------------------------------------------------------------
On 07/06/04 House Bill 356 passed its 2nd and 3rd
readings in the Senate and was referred to the House. Since the changes to
the language of HB356 were deemed material, it was referred to the House Finance
Committee for review. The status of HB356
can be viewed
here.
--------------------------------------------------------------------------------------
On 06/29/04 the text of House Bill 356 in the North
Carolina General Assembly was replaced with the proposed statutory changes to
NCGS 84-23 and 84-37. The Senate Finance Committee adopted the substitute
and it was placed on the Senate calendar for 7/06/04. The status of HB356
can be viewed
here.
--------------------------------------------------------------------------------------
On 4/23/04 the Council of the State Bar voted
unanimously to publish the Plan for Certification of Paralegals for the
mandatory 90 day comment period and introduce the statutory changes to
NCGS 84-23 and 84-37 in the NC General Assembly. APPS has requested its
bill sponsors to withdraw HB957 and SB922. The Plan that will be published
can be viewed on
Our Proposal page. The Plan as published can
be viewed here.
--------------------------------------------------------------------------------------
On 4/22/04 the State Bar Executive Committee
accepted the recommendation of the State Bar Emerging Issues and Legislative Committees
and voted to recommend the Plan for Certification of Paralegals to the
full Council of the State Bar which will meet on 4/23/04.
--------------------------------------------------------------------------------------
On 4/21/04 on the recommendation of the State Bar
Legislative Study Committee on Paralegal Regulation, the State Bar Emerging
Issues and Legislative
Committees unanimously voted to recommend the Plan for Certification of
Paralegals (with the inclusion of the two changes recommended by the NCBA) and
the statutory amendments to the NC State Bar Executive Committee for
consideration on 4/22/04.
--------------------------------------------------------------------------------------
On 4/20/04 APPS delegates met with President Martin
Lancaster of the NC Community College System to discuss the Plan for
Certification of Paralegals. President Lancaster and the community college
system support the Plan.
--------------------------------------------------------------------------------------
On 4/16/04 the Board of Governors of the NC Bar
Association voted unanimously to support the Plan for Certification of
Paralegals with some minor recommendations. The recommendations were to 1)
include "and supervision" to section .0101 so that the sentence would read in
part "...under the direction and supervision of a licensed lawyer..." and 2)
have a minimum requirement, such as two, of attorneys and paralegals on the
certification committee in section .0118. The Plan with the changes can be
can be viewed on
Our Proposal page.
--------------------------------------------------------------------------------------
Since the introduction of the Paralegal Profession
Act into the North Carolina General Assembly in April 2003, APPS has been in
active discussions with the North Carolina State Bar.
On February 20, 2004
the NC State Bar Legislative Study Committee on Paralegal Regulation finalized its Plan for Paralegal Regulation and
proposed amendments to NCGS 84-23 and 84-37.
The Plan and the statutory amendments can be viewed on
Our Proposal
page. The Plan and amendments will be presented to the Council of the NC State Bar during its April quarterly
meeting. If the Council votes to
publish the Plan for a 90 day comment period and
submit the amendments to the legislature
APPS has agreed to request its bill sponsors to withdraw HB957 and
SB922.
--------------------------------------------------------------------------------------
On January 10, 2004, the North Carolina Bar
Association Legal Assistants Division (NCBA-LAD) rejoined APPS.
The new NCBA-LAD delegates are Jennifer Avriett, CLA, Katie McVeety, CLA, and
Sharon Robertson, CLAS.
--------------------------------------------------------------------------------------
The North Carolina General
Assembly adjourned on July 20, 2003. During May of 2003, APPS requested Senator
Rand and Representative Glazier to hold the Paralegal Profession Act while APPS
and the North Carolina State Bar discussed the Act. Therefore, no action was
taken on the Paralegal Profession Act in either the House or the Senate prior to
their adjournment.
APPS and
the NC State Bar continue in active discussions about the possibility of the Act
and the Paralegal Regulatory Board being under the auspices of the NC State
Bar. It is expected that when the NC General Assembly reconvenes on May 10,
2004 the Paralegal Profession Act will be acted upon in the House and the
Senate.
--------------------------------------------------------------------------------------
SB922 has been referred to the Judiciary I Committee in the
Senate. If it receives a favorable report from the Committee it will be
re-referred to the Finance Committee. The current status of the bill in the NC
Senate can be viewed through the website of the North Carolina General Assembly
or by clicking
here.
HB957 has been referred to the Judiciary IV Committee in the
House. The current status of the bill in the NC House can be viewed through the
website of the North Carolina General Assembly or by clicking
here.
--------------------------------------------------------------------------------------
April 2, 2003 -- Our proposal was filed in the North Carolina
Senate as SB922. The bill is being sponsored by Senator Tony Rand. The
bill as filed can be viewed on Our Proposal page.
The status of the bill in the NC Senate can be viewed through the website of the
North Carolina General Assembly or by clicking
here.
April 8, 2003 -- Our proposal was filed in the North Carolina
House as HB957. This companion bill is being sponsored by Representative Rick
Glazier. The bill can be viewed on Our Proposal page
and is the same as the bill filed in the NC Senate. The status of the bill in
the NC House can be viewed through the website of the North Carolina General
Assembly or by clicking
here.
--------------------------------------------------------------------------------------
On
April 4, 2003 the North Carolina Bar Association Legal Assistants Division (NCBA-LAD)
APPS delegates withdrew from APPS at the request of the NCBA-LAD Council. The
NCBA-LAD was concerned that by remaining a member group of APPS, the NCBA may be
seen as having given a putative stamp of approval on the proposed paralegal
legislation. The NCBA leadership and Board of Governors are still very
interested in SB922 and HB957 and through the NCBA Paralegal Profession Act
Study Committee will continue to monitor and make comments on the proposed
legislation. Any questions should be addressed to Sharon G. Robertson, CLAS,
LAD Chair (sharonr@hci.net)
or D. Grace Carter, CLA, LAD Chair-Elect (gcarter@myersbigel.com).
--------------------------------------------------------------------------------------
The following groups have now voted on the proposal:
October 10, 2002 -- The Metrolina Paralegal Association has
voted to support APPS' regulatory proposal.
November 4, 2002 -- The Freelance Paralegal Representatives
met with a group of freelance paralegals interested in discussing the issue of
paralegal regulation on November 2, 2002. The freelance paralegals in
attendance voted to support APPS' regulatory proposal.
November 4, 2002 --
The North Carolina Paralegal Association, Inc. has voted to support the
Paralegal Profession Act as proposed by APPS.
November 14, 2002 -- the Raleigh-Wake Paralegal Association,
Inc. has voted to support APPS' regulatory proposal.
February 1, 2003 -- the North Carolina paralegal
educators have voted to support the APPS' regulatory proposal.
March 7, 2003 -- The North Carolina Academy of Trial Lawyers (NCATL) Legal
Assistants Division has voted to support the proposal and the NCATL Board of
Governors has approved the proposal with some revisions. The proposal with
the NCATL revisions can be viewed on
Our Proposal page.
--------------------------------------------------------------------------------------
September 9, 2002 -- The Paralegal Profession Act is being reviewed
by the member groups of APPS. We anticipate that
all groups should have voted on the Act by early January 2003. Provided the Act
is approved by a majority of the member groups, it is the intention of APPS to
submit the Paralegal Profession Act to the North Carolina General Assembly
during the 2003 long session.
Please continue to check this page for the latest updates.
|
