After careful consideration, Charlotte Center for Legal Advocacy (CCLA) has made the decision to challenge legislation enacted by the North Carolina General Assembly restricting and diverting non-taxpayer funds that have been used for civil legal aid in North Carolina since the 1980s.
The funds, created by court order, come from interest earned on lawyers’ trust accounts (IOLTA). The State Bar manages these funds and invests in organizations across the state, like CCLA, that provide legal services directly to low-income residents who need help with eviction, disaster relief, protection from domestic violence, medical coverage, and countless other civil legal problems.
In 1983, the North Carolina Supreme Court issued an order establishing the IOLTA program on a voluntary basis—law firms could voluntarily donate the interest earned on their trust accounts for legal assistance to low-income residents. In 2007, the Court granted a petition from the State Bar and issued a unanimous decision establishing the IOLTA program as a mandatory program for all lawyers in the state, with the use of IOLTA funds for “providing civil legal services” as its number one priority. In recent years, these funds generate more than $15 million annually.
Last year, however, the General Assembly froze the funds from July 1, 2025, to June 30, 2026, and in the 2026-27 budget, it diverted the funds on a going-forward basis to the Indigent Defense Services Private Assistance of Counsel fund. That state fund pays private lawyers to represent criminal defendants—a program that the State is already required to fund on its own. The result has been that thousands of North Carolinians have been deprived of legal representation during their time of greatest need, because the organizations that provide civil legal services have had to take on fewer cases due to the funding diversion.
CCLA is joined by Pisgah Legal Services and Legal Aid of North Carolina in the lawsuit, which describes how the legislation is unconstitutional in two distinct ways. First, in violation of the North Carolina Constitution’s separation-of-powers clause, the legislation tries to nullify the unanimous 2007 decision of the North Carolina Supreme Court establishing North Carolina’s mandatory IOLTA program and providing for the use of the funds for civil legal aid. Second, the legislation violates the First Amendment and the North Carolina Constitution by banning legal aid organizations from accessing IOLTA funds if they exercise their fundamental rights to free speech, petition, and assembly, even when IOLTA funds are not used for those purposes at all.
The $15 million per year that has been diverted from community legal aid is less than five one hundredths of one percent of the overall North Carolina state budget. But it means so much to veterans, survivors of domestic violence, sexual assault and human trafficking, disaster victims, and others who have been the recipients of civil legal services from these funds, as ordered by the NC Supreme Court. North Carolina is the only state in the nation diverting IOLTA funds away from their intended use.
In proceeding with its legal challenge, CCLA has not taken this action lightly, but we are compelled to stand up for the clients we serve, uphold the constitutional principles at stake, protect the integrity of the IOLTA program, and ensure that these funds continue serving the North Carolinians they were intended to help.


