Attorney General of North Carolina

Attorney General of North Carolina
Post	Attorney General of North Carolina
Incumbent	Josh Stein
Incumbentsince	January 1, 2017
Seat	Raleigh, North Carolina
Termlength	Four years
Constituting instrument	Constitution of North Carolina
Formation	1776
Website	North Carolina Department of Justice

Attorney General of North Carolina is the chief legal officer of the State of North Carolina, responsible for representing North Carolina in civil litigation, advising state agencies, and overseeing criminal appeals. The office interfaces with federal institutions such as the United States Department of Justice, judicial bodies including the North Carolina Supreme Court, and national associations like the National Association of Attorneys General. The Attorney General frequently appears in litigation involving federal statutes such as the Voting Rights Act of 1965 and interacts with entities such as the United States Supreme Court, United States Court of Appeals for the Fourth Circuit, and regional law enforcement organizations like the FBI.

Office and role

The Attorney General heads the North Carolina Department of Justice and serves as legal advisor to the North Carolina General Assembly, the Governor of North Carolina, and state agencies including the North Carolina Department of Health and Human Services and the North Carolina Department of Public Instruction. As chief counsel, the office files briefs in appellate courts such as the United States Court of Appeals for the Fourth Circuit and the North Carolina Court of Appeals, and coordinates with national groups including the National Governors Association and the National Association of Attorneys General.

Powers and duties

Statutory and constitutional authorities empower the Attorney General to prosecute appeals, defend state statutes before the United States Supreme Court, and issue formal opinions to officials like the Lieutenant Governor of North Carolina and members of the North Carolina General Assembly. The office enforces consumer protection laws such as the North Carolina Unfair and Deceptive Trade Practices Act and participates in multi-state litigation alongside offices from states like California and Texas. Responsibilities include civil litigation against entities such as pharmaceutical companies, coordination with the United States Department of Justice on federal-state matters, and administrative rule review involving agencies like the North Carolina Environmental Management Commission.

History

The office traces origins to the Province of North Carolina legal officers and was formalized in the Constitution of North Carolina (1776). Early holders interacted with figures such as William R. Davie and institutions including the North Carolina Council of State. Nineteenth-century attorneys general negotiated legal issues arising from events like the American Civil War and Reconstruction during the era of the Reconstruction Acts. Twentieth-century incumbents confronted matters related to the New Deal, civil rights disputes under the Civil Rights Act of 1964, and litigation involving utilities such as Duke Power Company. In the twenty-first century, attorneys general have litigated over topics including the Affordable Care Act, environmental disputes with entities like the Environmental Protection Agency, and election law cases involving the Help America Vote Act.

Election and term

The Attorney General is elected in statewide elections held concurrently with the Gubernatorial election in North Carolina for a four-year term, with notable contested races involving candidates from the Democratic Party (United States) and the Republican Party (United States). Vacancies have been filled through appointments by the Governor of North Carolina or succession under provisions resembling those in the North Carolina Constitution. Campaigns often attract endorsements from organizations such as the American Civil Liberties Union and unions like the North Carolina State AFL–CIO.

Organization and divisions

The Department of Justice comprises divisions including Criminal, Civil, Consumer Protection, Environmental, and Special Prosecutions. Each division liaises with counterpart agencies such as the North Carolina State Bureau of Investigation, the United States Environmental Protection Agency, and the Federal Trade Commission. Specialized units address issues like antitrust involving corporations such as Apple Inc. and Google LLC, opioid litigation implicating companies like Purdue Pharma L.P., and election litigation connected to the Federal Election Commission.

Notable officeholders

Prominent holders include figures such as Zebulon B. Vance (early North Carolina statesman), Charles B. Aycock (progressive-era politician), T. W. Bragg (19th century jurist), Bob Morgan (mid-20th century official), and modern attorneys general such as Roy Cooper and Josh Stein. Other nationally recognized attorneys general have gone on to hold offices like Governor of North Carolina or serve in federal roles within the United States Department of Justice.

Controversies and litigation

The office has been plaintiff and defendant in high-profile cases involving voting disputes under the Voting Rights Act of 1965, redistricting conflicts tied to the Reynolds v. Sims lineage, and multistate consumer settlements such as those addressing the Opioid epidemic. Litigation has arisen with federal agencies including the United States Department of Homeland Security over immigration policies and with corporate defendants like Monsanto in environmental claims. Controversies have also involved interactions with advocacy organizations such as the Sierra Club, the American Civil Liberties Union, and trade associations like the U.S. Chamber of Commerce.

Category:Government of North Carolina Category:State constitutional officers of North Carolina