Senate Bill 58 would narrow the North Carolina Attorney General’s ability to participate in certain lawsuits. Under the bill, the Attorney General could not act as a party, amicus, or other participant in any state or federal court action if doing so would seek to invalidate an executive order issued by the President of the United States. The bill also preserves and restates an existing limitation on the Attorney General’s participation in out-of-state litigation that would invalidate a North Carolina statute enacted by the General Assembly.
The bill also requires the Attorney General to submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety by June 1, 2025. That report must include the number of convictions for violations of G.S. 14-277 from January 1, 2021 through March 1, 2025, and how many of those convictions involved a defendant impersonating an ICE agent. The Attorney General must gather the information from relevant state justice agencies and district attorneys if necessary.
Impact
If enacted, the bill would amend G.S. 114-2.8 to restrict the Attorney General’s litigation authority in cases challenging presidential executive orders, while leaving in place the existing prohibition on participating in certain litigation aimed at invalidating state statutes. It would also create a one-time reporting obligation related to convictions under G.S. 14-277, including cases involving impersonation of federal immigration officers, potentially affecting coordination among the Attorney General, the Administrative Office of the Courts, district attorneys, and the Conference of District Attorneys.
Sentiment
The available voting history suggests the bill advanced with majority support in the Senate, passing second reading 28-17 and third reading 29-19 after an amendment vote with the same margin. That pattern indicates the measure was supported by a solid majority but faced meaningful opposition. No committee transcript is available, so the record does not show detailed debate, but the votes suggest the bill was politically divisive rather than broadly consensual.
Contention
The main point of contention is the bill’s restriction on the Attorney General’s role in litigation involving presidential executive orders, which may be viewed by supporters as limiting state involvement in federal policy challenges and by opponents as constraining the Attorney General’s independent legal authority. The reporting requirement on G.S. 14-277 convictions, especially the request for data on impersonation of ICE agents, may also be sensitive because it touches on immigration-related enforcement and coordination with local prosecutors and courts. The split votes indicate disagreement over both the separation-of-powers implications and the policy focus of the reporting mandate.