Case Description
The Governor and the state Medicaid agency sought to overturn a trial court order which had directed that $20 million per year from the state’s settlement with the tobacco companies be provided to a private, non-profit entity. The Attorney General declined to bring the case. The court held that the Attorney General “is indeed the attorney for the State to represent the people’s interest[,]”… [i]f an Attorney General declines to file a suit referred to him by a state agency, where the matter is of serious concern to state government, then that agency … is at least entitled to have some court pass upon whether it should have its full day in court.”Thus, “[t]he Attorney General’s refusal to represent the agency does not deprive the court of the authority to keep jurisdiction and entertain the suit.” However, if the suit is outside the official concern of the agency, the court unquestionably has the authority to dismiss the suit.”
