Power Grab by GOP leaders in the NC General Assembly of Attorney General's Powers

[knowledgeispwr]

In the waning hours of the legislative session, the GOP passed a measure to give the Speaker of the House of Representatives and the President Pro Tempore of the Senate legal standing equivalent to that of the Attorney General when an NC statute or constitutional provision is challenged.

From WRAL:

When the constitutionality of a state law is challenged, it is the Attorney General's role to defend the state law. But Attorney General Roy Cooper, a Democrat, has been critical of some legislation passed this session, particularly the abortion restriction bill.

The change appears to set up a scenario in which Republican legislative leaders could take a position contrary to the Attorney General in a court case on that law or any other.

The Pro Tem and Speaker could also step in to defend a law if the Attorney General should decide not to do so.

In several other states, most recently Pennsylvania and New Mexico, Attorneys General have refused to defend their state's bans on same-sex marriage on constitutional grounds. North Carolina's same-sex ban has been targeted for a similar challenge.

http://www.wral.com/lawmakers-give-leaders-legal-standing-/12705623/

[Ilsa]

1. Redistribution of power. nt

[sinkingfeeling]

2. Doesn't the NC constitution prohibit a law to chage that because

the Attorney General's powers are spelled out there?

Yes, it is:

http://www.ncdoj.gov/About-DOJ/The-Attorney-General.aspx


The Attorney General

The Attorney General is elected by the people of North Carolina every four years as the state’s top law enforcement officer and top lawyer. Powers and duties of the Attorney General are set forth in the Constitution and Statutes of North Carolina.

The first North Carolina Constitution, written in 1776, established the Office of the Attorney General. In the early 1800s, the General Assembly created the Department of Justice as part of a government-wide reorganization.

Under the state Constitution, the attorney general must be authorized to practice law in the courts of this state.

As head of the North Carolina Department of Justice, the Attorney General provides legal representation and advice to all state government departments, agencies and commissions. The Attorney General also provides legal opinions at the request of other public officials and handles all criminal appeals from state trial courts.

When the state's public interests are at stake, the Attorney General can take legal action on behalf of North Carolina's citizens.

The Attorney General also heads the State Bureau of Investigation, which provides expert analysis of crime scene evidence and helps local law enforcement investigate crimes.

The North Carolina Justice Academy, also a part of the DOJ, provides training and technical assistance for law enforcement agencies. Commissions staffed by DOJ employees oversee law enforcement training and standards.

[NCarolinawoman]

3. And our 4 times elected Attorney General would know this.

Roy Cooper has quite a team over there in the Attorney General's office. I use to know one of his young assistants.

Also, rumors are swirling that Attorney General Roy Cooper may FINALLY decide to run for Governor.

[Triana]

4. I hope he does run for Gov. I like him. n/t