Former lawmaker Nick Mackey has law license reinstated

CHARLOTTE, NC (WBTV) - A former Charlotte lawmaker could be headed back to the courtroom more than a year after his law license was suspended by a panel with the North Carolina State Bar.

A publication earlier this month showed former Representative Nick Mackey, a Democrat, as one of five people who had their licenses reinstated by the NC State Bar.

WBTV has learned that Mackey filed a petition on May 4th of this year to reinstate his license after a disciplinary panel suspended it in 2010 for up to three years for misconduct.

WEB EXTRA: Read the State Bar's order for reinstatement for Nick Mackey

The consent order against Rep. Mackey was filed in May 2010, three days before the disciplinary commission had been scheduled to hear the case in public.

Mackey signed the order in which he acknowledges failing to disclose on his 2002 Bar exam application that he had failed to pay federal and state income taxes on time. The order also says he didn't mention problems he had while a Charlotte-Mecklenburg police officer.

Mackey admitted to WBTV back in 2009 that he failed to tell the board of law examiners that he was suspended for five days during 1991 as a CMPD officer, and Mackey also admits did he didn't notify the state bar that he was the subject of an police internal affairs investigation in 2002.

The day after his law license was suspended, Mackey lost his election bid for the 99th state house district to competitor Rodney W. Moore.

According to a disciplinary hearing commission with the state bar, Mackey's license was reinstated on June 15, 2011.

In his petition, Mackey described and provided documentation of the actions that he had taken to comply with the conditions of the Order. Counsel for the state bar did not file an objection to his petition.

The remaining two years of his suspension are "stayed upon compliance with numerous conditions."

According to the petition for reinstatement, there are five conditions that Mackey must abide by in order to keep his license.

The order says that Mackey must keep the North Carolina State Bar Membership Department advised of his current business and home addresses.

He must also respond to all communication from the State Bar, including communications from the Attorney Client Assistance Program, within "thirty days of receipt or by the deadline stated in the communication, whichever is sooner."  He must participate in good faith in the State Bar's fee dispute resolution process for any petition received during the stay.

Mackey is also ordered not to violate the Rules of Professional Conduct or the laws of the United States or any state or local government during his suspension.

The fourth condition of his reinstatement is that Mackey shall comply with all State Bar membership and continuing legal education requirements and shall pay all fees and costs assessed by the applicable deadline.

Mackey must also continue to file his Federal and State income tax returns and pay any taxes owed in a timely fashion.  In his petition, Mackey admitted to not paying his Federal income taxes in 1997, 1999 and 2002.  He also failed to pay his State income taxes in 1999 and 2002.

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