The complaint or petition shall be entitled in the name of the State of North Carolina, and may be filed upon the relation of any five qualified electors of the county in which the person charged is an officer, upon the approval of the county attorney of such county, or the district attorney of the district, or by any such officer upon his own motion. It shall be the duty of the county attorney or district attorney to appear and prosecute this proceeding.
N.C. Gen. Stat. § 128-17
Petition for removal; county attorney to prosecute
Applied in 2 court decisions — leading case 164 F. Supp. 2d 734 - Jones v. Buchanan (2001)
Most recently applied in Wilcoxson v. Buncombe County (August 2014)
P.L. 1913, c. 761, s. 21; 1919, c. 288; C.S., s. 3209; 1973, c. 47, s. 2.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.