114-2.2. Consent judgments.
(a) To be effective against the State, a consent judgment entered into by the State, a State department, State agency, State institution, or a State officer who is a party in his official capacity must be signed personally by the Attorney General. This power of approval may not be delegated to a deputy or assistant Attorney General or to any other subordinate. This subsection shall not apply to consent judgments that name as a party a State department, agency, institution, or officer.
(a1) Where a dispute, claim, or controversy names as a party a State department, agency, or institution, or officer, a consent judgment shall be approved by the head of the department, agency, or institution, or by the State officer, before the judgment may be entered.
(a2) Where a dispute, claim, or controversy is challenging a North Carolina statute or provision of the North Carolina Constitution, and the Speaker of the House of Representatives and the President Pro Tempore of the Senate (i) have jointly intervened on behalf of the General Assembly in accordance with G.S. 1-72.2 or (ii) are otherwise jointly named in their official capacities as parties to the dispute, claim, or controversy, a consent judgment shall be jointly approved by the Speaker of the House of Representatives and the President Pro Tempore of the Senate, or by and through counsel of their choice, before the judgment may be entered.
(b) The provisions of this section are supplemental to G.S. 114-2.1.
(c) Notwithstanding subsection (a) of this section, the Attorney General by rule may delegate to a deputy or assistant Attorney General or to another subordinate the power to sign consent judgments in condemnation or eminent domain actions brought under the provisions of Chapters 40A or 136 of the General Statutes and consent judgments under the provision of Article 31 of Chapter 143 (Tort Claims Act) and Chapter 97 (Workers' Compensation Act) of the General Statutes. (1983 (Reg. Sess., 1984), c. 1034, s. 95; c. 1116, s. 85; 2014-100, s. 17.3A(c); 2021-180, s. 18.7(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 114 - Department of Justice
§ 114-1 - Creation of Department of Justice under supervision of Attorney General.
§ 114-1.1 - Common-law powers.
§ 114-2.1 - Consent judgments.
§ 114-2.2 - Consent judgments.
§ 114-2.3 - Use of private counsel limited.
§ 114-2.4 - Settlement agreements.
§ 114-2.5A - Report by the Medicaid Fraud Control Unit required annually.
§ 114-2.5B - Annual report on grant funds received or preapproved for receipt.
§ 114-2.6 - Attorney General to report on pending lawsuits in which State is a party.
§ 114-2.7 - Recodified as G.S143B-901 by Session Laws 2014-100, s17.1(g), effective July 1, 2014.
§ 114-3 - To devote whole time to duties.
§ 114-4 - Assistants; compensation; assignments.
§ 114-4.2 - Assistant attorneys general and other attorneys to assist Department of Transportation.
§ 114-4.2A - Assistant attorney general assigned to State Insurance Department.
§ 114-4.2B - Employment of attorney for University of North Carolina Hospitals at Chapel Hill.
§ 114-4.2C - Employment of attorney for the Real Estate Commission.
§ 114-4.2F - Designation of attorney specializing in the law of the handicapped.
§ 114-4.4 - Deputy attorneys general.
§ 114-5 - Additional clerical help.
§ 114-6 - Duties of Attorney General as to civil litigation.
§ 114-6.1 - Biannual reporting on attorney activity.
§ 114-7 - Salary of the Attorney General.
§ 114-8.1 - Attorney General interns.
§ 114-8.2 - Charges for legal services.
§ 114-8.3 - Attorney General/General Counsel; review certain contracts.
§ 114-8.4 - Legislative assistance to agencies and local governments.
§ 114-8.5 - Itemized billing for legal services provided to State agencies.
§ 114-8.7 - Reports of animal cruelty and animal welfare violations.