On July 26, 2010, the Honorable W. Earl Britt, United States District Court Judge, granted Betsy Wolfenden's motion to remand her lawsuit against the North Carolina State Bar to Wake County Superior Court where she is suing the State Bar for defamation, malicious prosecution, civil conspiracy, tortious interference with business relations, and punitive damages.
Wolfenden is also suing Judge Joseph Buckner, Judge Lunsford Long and Attorneys Donna Ambler Rice (formerly Davis) and Leigh Peek for similar claims. Wolfenden brought her lawsuit after the State Bar brought a claim against her for mental illness which it later dismissed after she obtained a psychological evaluation and was found not mentally ill.
The State Bar formally disbarred Wolfenden on July 29, 2010. Wolfenden filed her appeal to the NC Court of Appeals that same day. Wolfenden is also filing a motion to stay, asking the Court of Appeals to allow her to continue practicing law until her appeal is decided by that court.