§ 114-2.2. Consent judgments.

417 words·~2 min read·/nc/chapter-114/114-2-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)To be effective against the State, a consent judgment entered into by the State, a State department, State agency, State institution, or a State officer who is a party in his official capacity must be signed personally by the Attorney General. This power of approval may not be delegated to a deputy or assistant Attorney General or to any other subordinate. This subsection shall not apply to consent judgments that name as a party a State department, agency, institution, or officer.

(a1)Where a dispute, claim, or controversy names as a party a State department, agency, or institution, or officer, a consent judgment shall be approved by the head of the department, agency, or institution, or by the State officer, before the judgment may be entered.

(a2)Where a dispute, claim, or controversy is challenging a North Carolina statute or provision of the North Carolina Constitution, and the Speaker of the House of Representatives and the President Pro Tempore of the Senate

(i)have jointly intervened on behalf of the General Assembly in accordance with G.S. 1-72.2 or

(ii)are otherwise jointly named in their official capacities as parties to the dispute, claim, or controversy, a consent judgment shall be jointly approved by the Speaker of the House of Representatives and the President Pro Tempore of the Senate, or by and through counsel of their choice, before the judgment may be entered.

(b)The provisions of this section are supplemental to G.S. 114-2.1.

(c)Notwithstanding subsection

(a)of this section, the Attorney General by rule may delegate to a deputy or assistant Attorney General or to another subordinate the power to sign consent judgments in condemnation or eminent domain actions brought under the provisions of Chapters 40A or 136 of the General Statutes and consent judgments under the provision of Article 31 of Chapter 143 (Tort Claims Act) and Chapter 97 (Workers' Compensation Act) of the General Statutes.

(d)Subsection

(a)of this section does not apply to consent judgments entered into by an entity, officer, or employee of the Judicial Branch. To be effective against the State, a consent judgment entered into by an entity of the Judicial Branch, or officer or employee of the Judicial Branch who is a party in his or her official capacity, must be signed by the Director of the Administrative Office of the Courts. (1983 (Reg. Sess., 1984), c. 1034, s. 95; c. 1116, s. 85; 2014-100, s. 17.3A(c); 2021-180, s. 18.7(a); 2024-57, s. 3D.2(b).)