Chatham County attorney reinstated

PITTSBORO -- Chatham County's new attorney has had his law license reinstated after it was suspended Monday.

Kevin Whiteheart had failed to pay $200 in fines for not reporting his continuing legal education hours on time, State Bar officials said.

But Bar officials said this afternoon that they the notification sent to Whiteheart went to an old work address, so the suspension was not valid.

"Because service was not effective, the order did not go into effect and Mr. Whiteheart was not suspended," State Bar Assistant Director Alice Neece Mine said in a statement.

Chatham County will still use another attorney at its public hearing tonight. Jep Rose, an attorney from Poyner Spruill, will serve as the county's acting attorney.

Rose said County Manager Charlie Horne called him this morning to ask if he would be the attorney at the public hearing on zoning major highway corridors in the county. Rose served as the county's interim attorney earlier this year while the county searched for a staff attorney.

The commissioners created the staff attorney position shortly after three of them were elected in November. Whiteheart was hired in May and makes $93,000 a year.

Whiteheart said he did not know Feb. 28 was the deadline for all attorneys in North Carolina to send in their continuing legal education report to the State Bar. In the report, they must list the 12 hours they completed for the year.

"I don't specifically know what the deadline is, but I know I turned in my hours," said Whiteheart, who has been a practicing attorney for 19 years. He said he had not filled one hour of continuing legal education, but completed it at a county attorney conference. He said he did not know the date of the conference.

"It's one of those things I regret," Whiteheart said.

Horne said county officials did not check Whiteheart's record with the State Bar when they hired him. The State Bar handles licensing and disciplinary matters for attorneys.

All practicing North Carolina lawyers must be registered with the State Bar, Mine said.

To be in good standing, attorneys must fulfill three requirements: pay their dues, complete 12 hours of continuing legal education each year and report those hours by Feb. 28 of each year, Mine said.

Whiteheart did not turn in his legal education report until May 4, Mine said, and he incurred a $75 late fee. The State Bar then sent him another letter in July, asking him to explain his tardiness. Whiteheart did not respond and incurred an additional $125 fine, Mine said.

The State Bar sent a final letter to Whiteheart on Aug. 15. The letter said he had 30 days to pay the fine or he would be suspended.

Mine said it is the responsibility of all attorneys to notify the State Bar of address changes.