Opinion
October 13, 2003.
ORDER
Following respondent's conviction on one count of conspiracy to operate an illegal gambling organization in violation of 18 U.S.C. § 371 and one count of money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(1), he was disbarred from the North Carolina State Bar by order dated January 16, 1998. In response to a letter from the Clerk of Court asking respondent to inform the Court of any reason disbarment from the practice of law in this state would not be warranted, respondent sent the Court a letter stating, among other things, that he is "insane and incompetent to stand trial now."
When in the course of a disciplinary proceeding a lawyer alleges an inability to assist in his defense due to mental incapacity, this Court must immediately transfer the lawyer to incapacity inactive status pending a determination regarding incapacity pursuant to the procedure set forth in Rule 28(b), RLDE, Rule 413, SCACR. Rule 28(d), RLDE, Rule 413, SCACR.
Accordingly, respondent is hereby transferred to incapacity inactive status and this matter is transferred to the Commission on Lawyer Conduct for a determination as to the validity of respondent's claim of incapacity. A decision regarding the imposition of reciprocal discipline will be made following receipt of the Commission's determination regarding respondent's claim of incapacity.
IT IS SO ORDERED.
s/ Jean H. Toal C.J. s/ James E. Moore J. s/ John H. Waller, Jr. J. s/ E. C. Burnett, III J. s/ Costa M. Pleicones J.