This hearing was meant to address my emergency motion and clarify procedural issues caused by defendants’ delays and inconsistent court orders. Despite Judge Walczyk being lead civil judge, I was pushed to the end of the docket, repeatedly talked over, and mischaracterized. She blamed me for case delays due to my appeal, ignoring that these were caused by improper orders. She allowed opposing counsel to claim a “letter of engagement” without requiring proof, despite my eight attempts to obtain confirmation.
Judge Walczyk improperly offered legal advice by suggesting it might “help” if opposing counsel didn’t identify new representation because the LLC couldn’t appear pro se—violating Canon 3(A)(4) of the NC Judicial Code. When I questioned why extensions were granted without the good cause required by Rule 6(b), she dismissed my objection claiming cause was “assumed,” denying my due process right to challenge the motion. She provided no legal basis for allowing ex parte rulings without proper notification.
She revealed having a message from Judge Eagles that my exceptional case status motion was already denied before it was even filed—indicating improper off-record judicial discussions in violation of Canon 3(A)(4). She approved discovery extensions beyond the trial date without cause, denied my sanctions request by falsely claiming defendants committed no procedural violations, and forced me to either request continuance or proceed without discovery—violating my substantial rights. The hearing demonstrated clear judicial bias and hostility.
I was going to highlight all the remarks she made to me in the transcript below, but honestly, there were so many that it would take up too much time—they’re present throughout the entire hearing. Both of her orders are now part of the interlocutory appeal.
Also, during the hearing, when opposing counsel brought up the extension for discovery, I specifically asked Judge Walczyk whether that extension applied to the upcoming admissions due on February 4, and she clearly stated that it did not. Despite that, after the order granting withdrawal was entered, opposing counsel emailed me stating he planned to file an extension of time for the admissions—clearly forgetting that the issue had already been addressed in open court. I immediately informed him that any such filing would be improper and that if he attempted to submit it, I would move to strike it from the record. I also reminded him that under the Rules of Professional Conduct, he was prohibited from contacting me directly the moment the withdrawal order went into effect, and any further communication would constitute a violation.
N.C. Gen. R. Prac. 16. Withdrawal of Appearance
No attorney who has entered an appearance in any civil action shall withdraw his appearance, or have it stricken from the record, except on order of the court. Once a client has employed an attorney who has entered a formal appearance, the attorney may not withdraw or abandon the case without (1) justifiable cause, (2) reasonable notice to the client, and (3) the permission of the court. (See Smith vs. Bryant, 264 N.C. 208. See also Rule 43 of Rules of the N.C. State Bar, Volume 4A of General Statutes of North Carolina, page 278, entitled “Withdrawal from employment as attorney or counsel.”)
G.S. 1A-1, Rule 40. Assignment of cases for trial; continuances.
(b) No continuance shall be granted except upon application to the court. A continuance may be granted only for good cause shown and upon such terms and conditions as justice may require. Good cause for granting a continuance shall include those instances when a party to the proceeding, a witness, or counsel of record has an obligation of service to the State of North Carolina. A continuance requested to fulfill an obligation of service by carrying out any duties as a member of the General Assembly, or service on the Rules Review Commission or any other board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly, must be granted.
Wake County Local Rule 8.1. Continuances; Generally.
Any motion to continue shall be filed with the Clerk of Superior Court. The motion, along with three copies of the proposed order, shall be delivered to the Clerk of Court, accompanied by WAKE-CVD-05. Opposing counsel and/or self-represented persons must be notified of the motion to continue before filing it with the Clerk of Superior Court. No continuance shall be granted solely because all parties agree. Motions to continue a case set for trial are generally disfavored and will be granted only upon good cause shown.
Wake County Local Rule 8.3. Continuances; Timing.
A motion to continue must be filed no later than three (3) business days before the day of court on which the case is set. Motions to continue filed thereafter will not be considered until the calling of the calendar, except where the motion reflects extreme hardship or extraordinary circumstances. Parties who are moving to continue a case set for trial should be prepared to move forward with trial in the event the motion to continue is denied.
G.S. 1A-1, Rule 6. Time.
(d) For motions, affidavits. – A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and except as otherwise provided in Rule 59(c), opposing affidavits shall be served at least two days before the hearing. If the opposing affidavit is not served on the other parties at least two days before the hearing on the motion, the court may continue the matter for a reasonable period to allow the responding party to prepare a response, proceed with the matter without considering the untimely served affidavit, or take such other action as the ends of justice require. For the purpose of this two-day requirement only, service shall mean personal delivery, facsimile transmission, or other means such that the party actually receives the affidavit within the required time.
NC GS § 84‑5. Prohibition as to practice of law by corporation.
(a) It shall be unlawful for any corporation to practice law or appear as an attorney for any person in any court in this State, or before any judicial body or the North Carolina Industrial Commission, Utilities Commission, or the Department of Commerce, Division of Employment Security, or hold itself out to the public or advertise as being entitled to practice law; and no corporation shall organize corporations, or draw agreements, or other legal documents, or draw wills, or practice law, or give legal advice, or hold itself out in any manner as being entitled to do any of the foregoing acts, by or through any person orally or by advertisement, letter or circular. […]
North Carolina Rules of Professional Conduct, Rule 1.16 Declining or Terminating Representation
a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of law or the Rules of Professional Conduct;
(c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.
North Carolina Code of Judicial Conduct
A judge should uphold the integrity and independence of the judiciary.
A judge should participate in establishing, maintaining, and enforcing, and should personally observe, appropriate standards of conduct to ensure that the integrity and independence of the judiciary shall be preserved.
Canon 3(A)(1):
A judge should be faithful to the law and maintain professional competence in it.
Canon 3(A)(4):
A judge should accord to every person who is legally interested in a proceeding, or the person’s lawyer, full right to be heard according to law.
Canon 3(A)(5):
A judge should dispose promptly of the business of the court.
Canon 3(B)(1):
A judge should diligently discharge the judge’s administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.