The district attorney shall prepare the trial dockets, prosecute in a timely manner in the name of the State all criminal actions and infractions requiring prosecution in the superior and district courts of the district attorney's prosecutorial district and advise the officers of justice in the district attorney's district. The district attorney shall also represent the State in juvenile cases in the superior and district courts in which the juvenile is represented by an attorney. The district attorney shall provide to the Attorney General any case files, records and additional information necessary for the Attorney General to conduct appeals to the Appellate Division for cases from the district attorney's prosecutorial district. The Attorney General shall not delegate to the district attorney, or any other entity, the duty to represent the State in criminal and juvenile appeals. Each district attorney shall devote his full time to the duties of his office and shall not engage in the private practice of law. (1967, c. 1049, s. 1; 1969, c. 1190, s. 5; 1971, c. 377, s. 5.1; 1973, c. 47, s. 2; 1985, c. 764, s. 7; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987 (Reg. Sess., 1988), c. 1037, s. 12; 1999-428, s. 3; 2017-212, s. 5.2(b).)
Notes of Decisions
Cited in
35
cases (
9 in the last 5 years), 1972–2024 · leading case:
Simeon v. Hardin, 451 S.E.2d 858 (N.C. 1994).
Simeon v. Hardin, 451 S.E.2d 858 (N.C. 1994).
· cites it 8× “” N.C.G.S. § 7A-61 (1989). In addition, plaintiffs challenge the portion of section 15A-931 which provides that “the prose *375 cutor may dismiss any charges stated in a criminal pleading by entering an oral dismissal in open court before or during the trial, or by filing a…”
State v. Cherry, 257 S.E.2d 551 (N.C. 1979).
· cites it 2× “It is defendant's position that his offered proof would have supported his contention that the North Carolina death penalty statute is unconstitutional in that it denies a defendant due process by permitting the district attorney to "calendar cases when he chooses, in front of…”
State v. Summers, 528 S.E.2d 17 (N.C. 2000).
· cites it 3× “However, there can be no question that the district attorney and the Attorney General both represent the interests of the people of North Carolina, regardless of whether it be the district attorney in a criminal trial court or the Attorney General in a civil or criminal appeal.”
State v. Camacho, 406 S.E.2d 868 (N.C. 1991).
· cites it 3× “, N.C.G.S. § 7A-61 (1989) (District Attorney shall prosecute all criminal actions in the superior and district courts).”
In Re Spivey, 480 S.E.2d 693 (N.C. 1997).
· cites it 3× “He notes that Article IV, Section 1 vests the judicial power of the State in a “Court for the Trial of Impeachments” and in a “General Court of Justice.”
State v. Martin, 671 S.E.2d 53 (N.C. Ct. App. 2009).
· cites it 4× “” N.C. Gen. Stat. § 7A-61 notes the duties of a district attorney within Article 9, “District Attorneys and Judicial Districts,” of Chapter 7A entitled “Judicial Department.”
McFadyen v. Duke Univ., 786 F. Supp. 2d 887 (M.D.N.C. 2011).
· cites it 2× “IV, § 18(1); N.C. Gen. Stat. § 7A-61, 69; see also Nivens v.”
Does 1-5 v. Cooper, 40 F. Supp. 3d 657 (M.D.N.C. 2014).
· cites it 2× “See N.C. Gen.Stat. § 7A-61 (“The district attorney shall .”
State v. Mitchell, 259 S.E.2d 254 (N.C. 1979).
· cites it 4× “G.S. 7A-61 provides that the district attorney "shall prepare the trial dockets.”
In Re: S.G.V.S. & D.D.R.S., 811 S.E.2d 718 (N.C. Ct. App. 2018).
· cites it 2× “See N.C. Gen. Stat. § 7A-61 (2017) ("The district attorney shall prepare the trial dockets[.”
State v. Pope, 713 S.E.2d 537 (N.C. Ct. App. 2011).
· cites it 2× “N.C. Gen. Stat. § 7A-61. The District Attorney is not an agent of the local government, such as the Town of Coats.”
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