§ 147-17. May employ counsel in cases wherein State is interested.
§147‑17. May employ counsel in cases wherein State is interested.
(a) No department,officer, agency, institution, commission, bureau or other organized activity ofthe State which receives support in whole or in part from the State shallemploy any counsel, except with the approval of the Governor. The Governorshall give his approval only if the Attorney General has advised him, asprovided in subsection (b) of this section, that it is impracticable for theAttorney General to render the legal services. In any case or proceeding, civilor criminal, in or before any court or agency of this State or any other stateor the United States, or in any other matter in which the State of NorthCarolina is interested, the Governor may employ such special counsel as he maydeem proper or necessary to represent the interest of the State, and may fixthe compensation for their services.
(b) The AttorneyGeneral shall be counsel for all departments, officers, agencies, institutions,commissions, bureaus or other organized activities of the State which receivesupport in whole or in part from the State. Whenever the Attorney General shalladvise the Governor that it is impracticable for him to render legal servicesto any State agency, officer, institution, commission, bureau or otherorganized activity, or to defend a State employee or former employee asauthorized by Article 31A of Chapter 143 of the General Statutes, the Governormay authorize the employment of such counsel, as in his judgment, should beemployed to render such services, and may fix the conpensation for theirservices.
(c) The Governor maydirect that the compensation fixed under this section for special counselshall be paid out of appropriations or other funds credited to the appropriatedepartment, agency, institution, commission, bureau, or other organizedactivity of the State or out of the Contingency and Emergency Fund. (1868‑9,c. 270, s. 6; 1870‑1, c. 111; 1873‑4, c. 160, s. 2; 1883, c. 71;Code, ss. 3320, 3324; 1901, c. 744; Rev., s. 5332; C.S., s. 7640; 1925, c. 207,s. 3; 1961, c. 1007; 1963, c. 1009; 1967, c. 1092, s. 2; 1985, c. 479, s. 136.)