N.C. Gen. Stat. § 143-300.5
Regulations for providing defense counsel
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
The Governor may issue regulations for the defense of employees or former employees of the State pursuant to this Article through one or more of the following methods as may be appropriate to the employee or class of employees in question:
The Governor may issue regulations for the defense of employees or former employees of the State pursuant to this Article through one or more of the following methods as may be appropriate to the employee or class of employees in question:
(1) By the Attorney General;
(1) By the Attorney General;
(2) By employing other counsel for this purpose as provided in G.S. 147-17;
(2) By employing other counsel for this purpose as provided in G.S. 147-17;
(3) By authorizing the purchase of insurance which requires that the insurer provide or underwrite the cost of the defense; or
(3) By authorizing the purchase of insurance which requires that the insurer provide or underwrite the cost of the defense; or
(4) By authorizing defense by counsel assigned to or employed by the department, agency, board, commission, institution, bureau, or authority which employed the person requesting the defense.
(4) By authorizing defense by counsel assigned to or employed by the department, agency, board, commission, institution, bureau, or authority which employed the person requesting the defense.
History
(1967, c. 1092, s. 1.)
Opinions of Attorney General
Decision to Defend Discretionary. - This section does not obligate the State to utilize any one of the four methods outlined therein in any particular case. Rather, the State has the discretion under this section to provide for an employee's defense through any one of the four methods as may be appropriate to the employee or class of employees in question. See opinion of Attorney General to Mr. Richard H. Robinson, Jr., Assistant to the President, The University of North Carolina, 59 N.C.A.G. 21 (1989).
Defense Pursuant to Section Prerequisite to Payment of Judgment. - Section 143-300.6(a) does not authorize the State to pay any judgment rendered in any case where the State does not provide the defense for the employee under one of the methods specified in this section. See Opinion of Attorney General to Mr. Richard H. Robinson, Jr., Assistant to the President, The University of North Carolina, 59 N.C.A.G. 21 (1989).
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.