State ex rel. Madrid v. Turner, No. 26,035 (n.M. Dec. 14. 1999)
The Attorney General sought a writ of mandamus commanding the state’s Natural Resources Trustee not to give any effect to an agreement reached with alleged polluters because the Attorney General had not signed the agreement and it was therefore unenforceable against the state. In granting the writ of mandamus, the New Mexico supreme court said,…
Attorney General v. Michigan Public Service Com’n, 625 N.W.2d 16 (Mich.App. 2000)
AG challenged a decision of the state Public Service Commission, which was also represented by the AG’s office. Court held the attorney general must appoint independent counsel for an agency if the attorney general is an actual party opposing the agency. The court reviewed cases from a number of states and found a “majority rule…
Board of Trustees of State Institutions of Higher Education v. Ray, 809 So.2d 627 (Miss. 2002)
Attorney general of Mississippi must approve in writing before one state agency sues another.
Boynton v. Kilgore, 623 S.E.2d 922 (Va. 2006)
In Virginia, terminated employees alleged that they were covered by the personnel statute. The attorney general argued that they were not covered by the statute, because that interpretation would “create an unworkable and irreconcilable conflict between the authority of the governor and that of the attorney general,” and the court agreed
Colorado v. Warner Chilcott Holdings, No. 05-2182 (CKK), Magistrate Memorandum Order (D.D.C. May 8, 2007)
For discovery purposes, state agencies need to be served with third party subpoenas, rather than party discovery, because they are not controlled by the attorney general.
Correia v. Town of Alton, 2008 N.H. Super. LEXIS 19 (N.H. Super. Ct. 2008).
the court stated that even if the assistant attorney general had commingled investigative and adjudicatory functions, the defendant would still need to show “actual bias” through “evidence that [the assistant attorney general] had a pecuniary interest in the outcome of the case, had become personally embroiled in criticism from [the defendant], had heard evidence in…
State ex rel. Merrill v. State Department of Natural Resources,130 Ohio St. 3d 30; 2011-Ohio-4612; 955 N.E.2d 935 (Ohio 2011)
Landowners on the south shore of Lake Erie sued the state, the Ohio Department of Natural Resources and its director, disputing the rights asserted by ODNR to land up to the high-water mark. The Attorney General’s office, representing the state, decided to litigate the case separately from ODNR, and the Attorney General retained outside counsel…
Paff v. Division of Law, 412 N.J. Super. 140; 988 A.2d 1239; (N.J. Super. 2010)
Under New Jersey law, the Attorney General is the “sole legal adviser” for all state agencies, boards and authorities, and is also responsible for “interpret[ing] all statutes and legal documents” for those clients. N.J.S.A. 52:17A-4(e). The Attorney General issues legal opinions, known as Administrative Agency Advice letters, whenever a State agency requests legal advice. The…
Ex parte State of Alabama et al. (Pet. For Writ of Mandamus) No. 1090808 (Ala. May 21, 2010)
The Governor of Alabama created a Gambling Task Force. The order created a special prosecutor to serve as the commander of the Task Force, who, in that capacity, had statewide jurisdiction for investigations and prosecutions. The task force was led by a current district attorney. After a raid during which equipment was confiscated, several suits…
Ritz v. Elsener, No. 49C02-1310-PL-038953 (Marion Cir. Ct., Nov. 8, 2013).
In a dispute with the state Board of Education, the Superintendant of Public Instruction, represented by agency counsel, sued the individual members of the Board, seeking injunctive and declaratory relief. The Attorney General filed a motion to strike on the grounds that the AG was solely responsible for representation of the state. The court described…
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