NC General Statutes

N.C. Gen. Stat. § 114-2.3 (2026)

Use of private counsel limited

✓ current as of July 2026

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(a) Every agency, institution, department, bureau, board, or commission of the State, authorized by law to retain private counsel, shall obtain written permission from the Attorney General prior to employing private counsel. This section does not apply to counties, cities, towns, other municipal corporations or political subdivisions of the State, or any agencies of these municipal corporations or political subdivisions, or to county or city boards of education. This subsection does not apply to the Judicial Department or an agency that is under the control of an official who is a member of the Council of State.

(b) Article 2A of this Chapter applies to any contract to retain private counsel authorized by the Attorney General under this section.

(c) Except as provided in G.S. 147-17, the Attorney General shall represent the State in any action requiring the State to be a party under G.S. 1-72.3.

(d) No State funds shall be withdrawn from the State treasury to pay for litigation services provided by private counsel except as expressly authorized by an appropriation of the General Assembly. As used in this subsection, litigation services include legal work conducted in anticipation of, or in preparation for, any suit or action. As used in this section, private counsel includes any licensed attorney retained by, engaged by, or otherwise representing a department, officer, agency, institution, commission, bureau, or other organized activity of the State but does not include a licensed attorney who holds a permanent budgeted position in either the Department of Justice or the applicable department, officer, agency, institution, commission, bureau, or other organized activity of the State.

(e) The Attorney General shall report to the Joint Legislative Commission on Governmental Operations by January 1 and July 1 of each year on all contracts or engagement letters entered into by the Attorney General with private counsel to assist with any of the statutory duties of the Attorney General. The report shall disclose the amount of State funds expended under each such contract or engagement letter and a description of the legal assistance provided by private counsel. (1985, c. 479, s. 135; 2014-110, s. 1.2; 2016-109, s. 2(b); 2017-57, s. 6.7(b); 2021-180, s. 16.10(c); 2024-57, s. 3D.1(i).)

Notes of Decisions

Cited in 2 cases, 2017–2017 · leading case: McAdoo v. Univ. of North Carolina at Chapel Hill, 248 F. Supp. 3d 705 (M.D.N.C. 2017).

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McAdoo v. Univ. of North Carolina at Chapel Hill, 248 F. Supp. 3d 705 (M.D.N.C. 2017). · cites it 2× “Before securing private counsel in litigation, UNC is required to obtain written permission from the state Attorney General, N.C. Gen. Stat. § 114-2.3 (a), and ah UNC legal settlements of $75,000 or more must receive the written opinion of the Attorney General, § 114-2.”

People for the Ethical Treatment of Animals, Inc. v. Stein, 259 F. Supp. 3d 369 (M.D.N.C. 2017). · cites it 2× “See N.C. Gen. Stat. § 114-2.3 (a); cf. N.C. Gen.”

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