Case Details

Issues

Common Law Powers, Control Of Litigation, Status In State Government

Filing State

AL

Court

Alabama Supreme Court

Year

2010

Citation

Ex parte State of Alabama et al. (Pet. For Writ of Mandamus) No. 1090808 (Ala. May 21, 2010)

Resolution

The court determined that Attorney General’s common law powers do not conflict with the governor’s supreme executive powers, which are still paramount.

Case Description

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 were filed and the trial court held that the Attorney General “controlled” the Task Force. The Governor appealed. The Alabama Supreme Court held that the Governor’s action in establishing the Task Force was within his executive power. The court reviewed the various state constitutional provisions that established the office of Governor and enumerated its powers, and stated, “when the governor determines that, whether due to inaction or inadequate action by the other official, it is necessary for him to act lest the law go unenforced, he may act.” The court also determined that Attorney General’s common law powers do not conflict with the Governor’s supreme executive powers, which are still paramount. The court held, “We conclude that the common-law powers that have been “prescribed” to the attorney general do not include the right to countermand the “chief magistrate” where the chief magistrate is acting within the bounds of the power given to him.” The court also overruled Ex parte Weaver, concluding that its holding that the Attorney General controls all litigation in the state is inconsistent with the “supreme executive authority” of the governor.