The 1868 constitution made the attorney general an elected member of the executive branch. Under this framework, the attorney general served as the legal advisor to the North Carolina Council of State, but was not formally one of its members. The constitution made the attorney general an ex officio member of the State Board of Education and provided for the officer's duties to be determined by law. That year, the General Assembly prescribed eight statutory duties for the attorney general: defending the state's interests in legal matters, representing government agencies upon request, advising local prosecutors, delivering an annual report to the legislature, summarizing reports from local prosecutors, providing legal advice to the legislature and other government agencies, delivering funds to the state, and maintaining a record of their office's accounts. Most prosecutions for criminal offenses were made the responsibility of district solicitors.
