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State constitutional provision appears to conflict with legislation targeting AG
It appears when North Carolina Republicans passed a technical corrections bill restricting Attorney General Josh Stein’s powers, they may have forgotten about a provision of the state constitution that delegates to him those very powers.
Senate Bill 582, among many other things, dictates that Stein’s office handle all criminal appeals without any power to delegate that work to district attorneys or other entities.
The exact language: “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.”
Article IV, Section 18 of the North Carolina Constitution, however, directly contradicts that statute with very clear language.
“The District Attorney shall advise the officers of justice in his district, be responsible for the prosecution on behalf of the State of all criminal actions in the Superior Courts of his district, perform such duties related to appeals therefrom as the Attorney General may require, and perform such other duties as the General Assembly may prescribe.”
Read more: http://pulse.ncpolicywatch.org/2017/10/06/state-constitutional-provision-appears-conflict-new-law-targeting-ag/
