Fergus v. Russel, 110 N.E. 130 (Ill. 1915)
Illinois attorney general has common law powers that cannot be limited by the legislature
Dept. of Mental Health v. Coty, 232 N.E.2d 686 (Ill. 1967)
Attorney general’s common law powers cannot be limited by statute.
In re Estate of Sharp, 217 N.W. 2d 258 (Wis. 1974),
in Wisconsin, Article VI, §3, of the state constitution provides that the powers and duties of the attorney general “shall be prescribed by law,” which has been construed by the state supreme court in a long line of cases to confer only those powers and duties granted by statute, thus specifically denying the existence of…
Commonwealth ex rel. Hancock v. Paxton, 516 S.W.2d 865 (Ky. 1974).
Attorney general may lawfully question the constitutionality of a state law, and the court rejected a contention that the attorney general’s duties were limited to representing the “Commonwealth,” that is, the hierarchy of officers, departments, and agencies heading the executive branch of government. The court said: It is true that at common law the duty…
Attorney General v. Rochester Trust Co., 115 N.H. 74, 76 (N.H. 1975)
The common law powers of the attorney general are broad and not restricted by specific statutory duties. At common law it was the duty of the attorney general to see that the rights of the public in the charitable trust were protected and that it was properly executed.
Florida ex rel. Shevin v. Exxon Corp., 526 F.2d 266 (5th Cir. 1976), reh. den. 529 F.2d 523 (5th Cir. Fla. 1976), cert. den., Standard Oil Co. v. Florida, 429 U.S. 829 (1976)
The court addressed the issue whether the Florida attorney general’s action was authorized by Florida law. On this point, the court concluded that the attorney general retained his common law powers. The court found it significant that the Florida statute enumerating the attorney general’s powers did not purport to be comprehensive and, in fact, provided…
Env. Prot. Agency v. Pollution Control Bd., 372 N.E.2d 50 (Ill. 1977)
In Illinois, “the force and effect of this constitutional provision is “that neither the legislature nor the judiciary may deprive the attorney general of his common law powers under the Constitution,”
Div. of Health, Dep’t of Health & Welfare v. Rogers, 179 N.J. Super. 389 (Ch.Div. 1981)
Attorney general’s common law powers include seeking abatement of a public nuisance
Fund Manager, Public Safety Personnel Retirement System v. Corbin, 778 P.2d 1244 (Ariz. Ct. Apps. 1989)
Arizona Court of Appeal held that although “the attorney general has a duty to uphold the constitutionality of enactments of the Arizona legislature. . . . as “chief legal officer of the state,” the Attorney General also has a duty to uphold the Arizona and United States Constitutions. The court also held, “We are aware…
In re House of Representatives, 575 A.2d 176, 180 (R.I. 1990)
The court held that the proposed legislation, if enacted, would have transferred full prosecutorial authority vested in the state’s attorney general to a special prosecutor selected by the judicial branch of government in violation of the state constitution. Legislature may not “infringe [] upon the fundamental powers of the Attorney General.”
