what does the attorney general do north carolina

by Taryn Johns 3 min read

Who is the current Attorney General for North Carolina?

Attorney General Stein is focused on protecting North Carolina families from crime and consumer fraud. Attorney General Stein has also made combating the opioid crisis as a top priority. As the head of the Department of Justice, the Attorney General oversees criminal appeals from state courts to ensure that criminals are kept behind bars and innocent people are not. …

Does Attorney General have to be an attorney?

Specific powers and duties of the Attorney General are set forth in the Constitution and Statutes of North Carolina. The Attorney General: Represents all state government departments, agencies and commissions in legal matters; Provides legal opinions to the General Assembly, the Governor, or any other public official when requested

How do you obtain power of attorney in NC?

The Consumer Protection Division of the North Carolina Attorney General's Office works to protect North Carolina consumers by fighting unfair business practices. The Consumer Protection Division has helped hundreds of thousands of consumers like you get more than $100 million in refunds and helped win $250 million in savings on your utility rates. The North Carolina …

Is a power of attorney a public record in NC?

Apr 05, 2015 · Although the Attorney General North Carolina undertakes a vast array of duties and responsibilities, amongst the foremost of their responsibilities is to serve the collective citizenship of the State of North Carolina through legislative advocacy and the guardianship of legal statutes; the North Carolina Attorney General is considered to be the director of the …

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What are the duties of NC Attorney General?

The Attorney General: Represents all state government departments, agencies and commissions in legal matters. Provides legal opinions to the General Assembly, the Governor, or any other public official when requested.

What is the attorney general's role?

The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. preserves civil liberties.

Who is NC Attorney General?

Josh Stein (Democratic Party)North Carolina / Attorney generalJoshua Stein is an American lawyer and politician who serves as the 50th and current Attorney General of North Carolina, a position he has held since 2017. A Democrat, Stein previously served as a member of the North Carolina Senate representing District 16, located Wake County. Wikipedia

How much does NC Attorney General make?

State executive salariesOffice and current officialSalaryAttorney General of North Carolina Josh Stein$125,676North Carolina Secretary of State Elaine Marshall$125,676North Carolina Commissioner of Insurance Mike Causey$125,676North Carolina State Controller Linda Combs$158,5017 more rows

Who can be Attorney General?

They must be a person qualified to be appointed as a Judge of the Supreme Court. Hence, they must have been a judge of some high court for five years or an advocate of some high court for ten years, or an eminent jurist in the opinion of the President. The 15th and current Attorney General is K. K. Venugopal.

Who is the new Attorney General?

Merrick GarlandUnited States Attorney GeneralIncumbent Merrick Garland since March 11, 2021United States Department of JusticeStyleMr. Attorney General (informal) The Honorable (formal)Member ofCabinet National Security Council13 more rows

Is NC An attorney state?

Even though North Carolina is an attorney state, the title company plays a pivotal role in the closing. The attorney submits the title work to the title company so the property can receive title insurance.Oct 28, 2011

What does the NC Secretary of State do?

The Secretary of State is the chief records officer for the State of North Carolina, and as such, records, certifies and preserves all conveyances and mortgages concerning the state, all official oaths of public officials required to file, all political appointments made in the legislative, executive, or judicial ...

How do I file a complaint with the NC Attorney General?

If you think you've been the victim of a scam, or if you want to learn to be a smarter consumer, call Attorney General Josh Stein's consumer hotline toll free within North Carolina at 1-877-5-NO-SCAM or (919) 716-6000. You can also file a consumer complaint online.

What is NC governor salary?

Governor of North CarolinaFormationNovember 12, 1776DeputyLieutenant Governor of North CarolinaSalaryUS$141,265 per year (2013)WebsiteOfficial website9 more rows

How much does the Lt Governor of NC make?

Lieutenant Governor of North CarolinaInaugural holderTod R. CaldwellFormation1868SalaryUS$124,676 per year (2013)WebsiteOfficial website7 more rows

Who is governor of NC now?

Roy Cooper (Democratic Party)North Carolina / GovernorRoy Asberry Cooper III is an American attorney and politician serving as the 75th governor of North Carolina since 2017. A member of the Democratic Party, he served as the 49th attorney general of North Carolina from 2001 to 2017. Wikipedia

Who represents the state government?

The Attorney General: Represents all state government departments, agencies and commissions in legal matters. Provides legal opinions to the General Assembly, the Governor, or any other public official when requested.

Who may intervene in a court proceeding?

May intervene in proceedings before any courts, regulatory officers, agencies or bodies, either state or federal, on behalf of the State. May institute court proceeding on behalf of the State, its agencies or its citizens in any and all public interest matters.

When was the Attorney General appointed in North Carolina?

The title "Attorney General" was used in colonial North Carolina as early as 1677 , when George Durant was appointed by Governor John Jenkins. In theory, colonial Attorneys General represented the British Attorney General, who represented the Crown.

How long does the Attorney General of North Carolina serve?

The North Carolina Constitution provides for the election of the attorney general to serve a four-year term. There is no limit on the number of terms a person may serve in the office.

What is the job of an attorney general?

Attorney General's duties include providing legal representation and advice to all state agencies. The parameters of that duty have been the subject of some debate, when, for example, U.S. Attorney General Eric Holder suggested that state attorneys general should not squander their state's resources in defense of laws they know to be ...

Who renders legal opinions?

The attorney general also renders legal opinions, either formally or informally, upon all questions of law submitted by the General Assembly, the governor, or any other state officer. Attorney General opinions may be viewed online.

Who can initiate legal action?

By statute, in defense of the public interest, the attorney general may initiate legal action or intervene in proceedings before any courts, regulatory officers, agencies or bodies — either state or federal — on behalf of the state's agencies and citizens.

Who is the current governor of North Carolina?

Senator, some of them successfully, such as former governor Mike Easley, former senator Robert B. Morgan, and the current governor, Roy Cooper .

Is the Attorney General elected by the people?

Since 1868, the attorney general has been elected by the people. At the same time, the attorney general became a voting member of the Council of State, rather than the legal advisor to the council. The North Carolina Department of Justice was created by the legislature in the early 1970s. Occupants of the office often run for Governor ...

How often is the Attorney General elected in North Carolina?

The attorney general in North Carolina is elected every four years, in presidential election years (e.g. 2016, 2020, 2024, 2028). The term of office is four years and begins on the first day of January next after their election.

What are the duties of an attorney general?

The office of the attorney general does not: 1 prosecute specific crimes (unless requested by the local district attorney) 2 have jurisdiction over local district attorneys, law enforcement agencies and personnel or courts 3 provide legal counsel to individuals or private organizations

How long does it take for a governor to appoint a successor?

In the event of a vacancy, the governor appoints a successor who will serve until a new officeholder is elected. The election coincides with the first election for members of the General Assembly of North Carolina that occurs more than 60 days after the seat becomes vacant.

Is the attorney general of North Carolina a fixed salary?

The attorney general, along with the rest of North Carolina's state executives, is entitled to a fixed salary in accordance with Article III, Section 9 of the North Carolina Constitution :

What is the role of the Attorney General of North Carolina?

Although the Attorney General North Carolina undertakes a vast array of duties and responsibilities, amongst the foremost of their responsibilities is to serve the collective citizenship of the State of North Carolina through legislative advocacy and the guardianship of legal statutes ; the North Carolina Attorney General is considered to be the director of the Department of Justice, as well as the primary law enforcement agent within North Carolina – the various divisions of the Attorney General North Carolina include the following:

How long is the term of the NC Attorney General?

The State of North Carolina’s Constitution expressed that a single term of the office of the Attorney General is not exceed 4-years’ time ; however, there currently exists no limit with regard to the reelection of an incumbent North Carolina Attorney ...

What is the common law in North Carolina?

The North Carolina Attorney General is identified as an officer within the legal realm of Common Law, which is the legal field and ideology considered to rely on past legal statutes, sentencing, and judicial review to serve as guidelines for sentencing; both the reference and respect ...

What is administrative law?

Administrative Law is the legal field associated with events and circumstances in which Federal and State Governments of the United States interact with their respective citizens, including the administration of government programs, the creation of agencies, the establishment of a legal, ...

What is the criminal division?

The Criminal Division oversees the Public Integrity Division, Drug and Narcotics Prevention Division, Scam and Fraud Investigation Bureau. Civil and Civic Division regulates the Elder Advocacy and Abuse Prevention Division, as well as the Victim Rights and Services Department. Consumer Protection and Advocacy Division.

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

When does the Attorney General have to resign?

Presidential transition[edit] It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day(January 20) of a new president.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

What is a power of attorney in North Carolina?

A North Carolina power of attorney is a document that assigns authority to another person to act as your surrogate and make decisions on your behalf. The types of powers of attorney in North Carolina include financial powers of attorney and health care powers of attorney. A durable power of attorney has the authority to make decisions ...

What happens if a financial institution refuses to honor a power of attorney?

If a financial institution refuses to honor the power of attorney, the recourse in generally through the court system. The bottom line is that powers of attorney are a necessary part of an estate plan.

What is a durable power of attorney?

A durable power of attorney has the authority to make decisions and conduct financial on your behalf during periods of disability or incapacity. A power of attorney can exercise broad powers, so it is important to choose someone you trust to act for you. An elder care attorney at Brady Cobin Law Group, PLLC can answer your questions about advance ...

What to do if power of attorney is recorded in register of deeds?

It is important to understand that if a power of attorney has been recorded in the register of deeds office, you must file an instrument of revocation in that office, along with proof of service on the agent, to terminate the power of attorney.

Can a power of attorney be temporary?

A power of attorney can be temporary, for example paying bills while someone is on a long vacation, or lasting, such as making medical decisions after a car accident. Having a financial power of attorney drafted and executed is one of the principal documents in estate planning.

Is a power of attorney for health care complicated?

The legal document designating a health care power of attorney can be complicated and confusing if you are unfamiliar with it. If you have questions about designating a power of attorney or the types of authority that you are granting, it is best to seek the guidance of a knowledgeable elder care attorney.

Can a power of attorney be used if you are disabled?

However, the document must be carefully worded to address your specific needs. A power of attorney will remain in effect if you become disabled or incapacitated. This is what is known as a durable power of attorney.

What is a power of attorney in North Carolina?

The North Carolina legislature has created a Health Care Power of Attorney form. In addition to the general authority that is granted, there are specific provisions related to particular types of healthcare decisions, including nutrition, mental health, and organ donation.

What is a power of attorney?

A power of attorney is a legal document that gives one person, called the "agent," the power to take certain actions on behalf of another person, called the "principal.".

How to give your agent the power to engage in all matters?

To give your agent the power to engage in all matters, you can initial the line in front of the phrase "All Preceding Subjects.". Otherwise, you need to initial the line before each type of power you do want your agent to have.

What is a durable financial power of attorney?

A durable financial power of attorney can avoid financial disaster in the event you become incapacitated. You can also use a POA to allow someone to transact business for you if you are out of town or otherwise unavailable. May 11, 2021 · 5 min read.

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Summary

The Attorney General of North Carolina is the elected head of the state's Department of Justice. The North Carolina Constitution provides for the election of the attorney general to serve a four-year term. There is no limit on the number of terms a person may serve in the office.
The current attorney general, Democrat Josh Stein, assumed office on January …

Overview

Attorney General's duties include providing legal representation and advice to all state agencies.
The parameters of that duty have been the subject of some debate, when, for example, U.S. Attorney General Eric Holdersuggested that state attorneys general should not squander their state's resources in defense of laws they know to be unconstitutional. By statute, in defense of the public interest, the attorney general may initiate legal action or intervene in proceedings before a…

History

The title "Attorney General" was used in colonial North Carolina as early as 1677, when George Durant was appointed by Governor John Jenkins. In theory, colonial Attorneys General represented the British Attorney General, who represented the Crown.
The first North Carolina Constitution (1776) established the office of state attorney general. Like the state governor, the attorney general was at that time elected by the legislature, the North Car…

List of attorneys general

The following is a list of attorneys general of North Carolina and their term of office:
• Waightstill Avery, 1777–1779
• James Iredell, 1779–1782
• Alfred Moore, 1782–1791
• John Haywood, 1792–1795

External links

• North Carolina Attorney General articles at ABA Journal
• News and Commentary at FindLaw
• North Carolina General Statutes at Law.Justia.com
• U.S. Supreme Court Opinions - "Cases with title containing: State of North Carolina" at FindLaw

Current Officeholder

Authority

  • The North Carolina Constitution establishes the office of attorney general in Article III, Section 7:
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Elections

  • The attorney general in North Carolina is elected every four years, in presidential election years (e.g. 2016, 2020, 2024, 2028). The term of office is four years and begins on the first day of January next after their election.
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Vacancies

  • Article III, Section 7 addresses vacancies in the office of attorney general. In the event of a vacancy, the governor appoints a successor who will serve until a new officeholder is elected. The election coincides with the first election for members of the General Assembly of North Carolinathat occurs more than 60 days after the seat becomes vacant.
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Duties

  • The attorney general, in addition to serving as the state's chief legal advisor, heads the North Carolina Department of Justice. The duties and responsibilities of office are dictated by the state constitution and state statutes: 1. represent the state and its officials, departments, agencies and commissions in all civil matters 2. provide legal op...
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Divisions

  • As of January 11, 2021, divisions within the Department of Justice included: 1. Consumer Protection 2. Public Protection 3. Legal Services 4. Medicaid Fraud 5. State Crime Laboratory 6. Law Enforcement Training & Standards
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Historical Officeholders

  • Note: Ballotpedia's state executive officials project researches state official websites for chronological lists of historical officeholders; information for the Attorney General of North Carolina has not yet been added because the information was unavailable on the relevant state official websites, or we are currently in the process of formatting the list for this office. If you ha…
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Recent News

  • The link below is to the most recent stories in a Google news search for the terms 'North Carolina Attorney General'.These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
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