(a) It is the public policy of the State of North Carolina that in any action in any North Carolina State court in which the validity or constitutionality of an act of the General Assembly or a provision of the North Carolina Constitution is challenged, the General Assembly, jointly through the Speaker of the House of Representatives and the President Pro Tempore of the Senate, constitutes the legislative branch of the State of North Carolina and the Governor constitutes the executive branch of the State of North Carolina, and when the State of North Carolina is named as a defendant in such cases, both the General Assembly and the Governor constitute the State of North Carolina. It is the public policy of the State of North Carolina that in any action in any federal court in which the validity or constitutionality of an act of the General Assembly or a provision of the North Carolina Constitution is challenged, the General Assembly, jointly through the Speaker of the House of Representatives and the President Pro Tempore of the Senate, constitutes the legislative branch of the State of North Carolina; the Governor constitutes the executive branch of the State of North Carolina; that, when the State of North Carolina is named as a defendant in such cases, both the General Assembly and the Governor constitute the State of North Carolina; and that a federal court presiding over any such action where the State of North Carolina is a named party is requested to allow both the legislative branch and the executive branch of the State of North Carolina to participate in any such action as a party.
(b) The Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State, by and through counsel of their choice, including private counsel, shall jointly have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina Constitution. Intervention pursuant to this section shall be effected upon the filing of a notice of intervention of right in the trial or appellate court in which the matter is pending regardless of the stage of the proceeding. Notwithstanding any other provision of law to the contrary, the participation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate in any action, State or federal, as a party or otherwise, shall not constitute a waiver of legislative immunity or legislative privilege of any individual legislator or legislative officer or staff of the General Assembly. (2013-393, s. 3; 2014-115, s. 18; 2017-57, s. 6.7(i).)
Notes of Decisions
NC NAACP State Conf. v. Philip Berger, 999 F.3d 915 (4th Cir. 2021).
· cites it 11× “at 166–67 (quoting N.C. Gen. Stat. § 1-72.2 (a)), but explained that 7 intervention as of right under Rule 24(a)(2) remains subject to federal-law requirements, see id.”
NC NAACP State Conf. v. Philip Berger, 970 F.3d 489 (4th Cir. 2020).
· cites it 12× “4 of right under Rule 24(a) and, alternatively, permissively under Rule 24(b), the Proposed Intervenors argued that state law, specifically N.C. Gen. Stat. § 1-72.2 (a) and (b), expresses the public policy of the State of North Carolina that the President Pro Tempore of the…”
City of Greensboro v. Guilford Cnty. Bd. of Elections, 248 F. Supp. 3d 692 (M.D.N.C. 2017).
· cites it 2× “N.C. Gen. Stat. § 1-72.2 (2016) (stating that the speaker of the house and president pro tempore of the senate have standing to intervene on behalf of the General Assembly "in any judicial proceeding challenging a North Carolina statute").”
Hoke Cnty. Bd. of Educ. v. State (N.C. 2022).
· cites it 15× “In 2013, the General Assembly enacted N.C.G.S. § 1-72.2, which established that legislative leaders “have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina…”
Hoke Cnty. Bd. of Educ. v. State of N.C. (N.C. 2022).
· cites it 15× “In 2013, the General Assembly enacted N.C.G.S. § 1-72.2, which established that legislative leaders “have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina…”
Hoke Cnty. Bd. of Educ. v. State of N.C. (N.C. 2022).
· cites it 15× “In 2013, the General Assembly enacted N.C.G.S. § 1-72.2, which established that legislative leaders “have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina…”
Hoke Cnty. Bd. of Educ. v. State (N.C. 2026).
· cites it 11× “See generally N.C.G.S. § 1-72.2 (2025) (stating that “when the State of North Carolina is named as a defendant .”
Common Cause v. Lewis, 358 F. Supp. 3d 505 (2019).
“The notice of removal states that it is filed also on behalf of the State of North Carolina in the following respect: "Pursuant to N.C. Gen. Stat. § 1-72.2 , the legislative branch of North Carolina state government is considered the 'State of North Carolina' in actions…”
M.E. v. T.J. (N.C. Ct. App. 2020).
· cites it 2× “See also N.C. Gen. Stat. § 1-72.2 (b) (2019) (“The Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State, by and through counsel of their choice, including private counsel, shall jointly have standing to intervene on behalf…”
— N.C. Gen. Stat. § 1-72.2(b) — 4 cases
Hoke Cnty. Bd. of Educ. v. State (N.C. 2022).
“In 2013, the General Assembly enacted N.C.G.S. § 1-72.2, which established that legislative leaders “have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina…”
Hoke Cnty. Bd. of Educ. v. State of N.C. (N.C. 2022).
“In 2013, the General Assembly enacted N.C.G.S. § 1-72.2, which established that legislative leaders “have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina…”
Hoke Cnty. Bd. of Educ. v. State of N.C. (N.C. 2022).
“In 2013, the General Assembly enacted N.C.G.S. § 1-72.2, which established that legislative leaders “have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina…”
Hoke Cnty. Bd. of Educ. v. State (N.C. 2026).
“See generally N.C.G.S. § 1-72.2 (2025) (stating that “when the State of North Carolina is named as a defendant .”
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