Code of Alabama
Ala. Code § 36-15-12 (2026)
Institution and Prosecution of Legal Proceedings in Name of State.
✓ official Alabama Legislature (ALISON) text, current July 2026
The Attorney General is authorized to institute and prosecute, in the name of the state, all civil actions and other proceedings necessary to protect the rights and interests of the state.
(Code 1896, §2029; Code 1907, §636; Code 1923, §854; Code 1940, T. 55, §229.)
Notes of Decisions
Cited in 7
cases, 1981–2019 · leading case: Marnika Lewis v. Governor of Alabama, 944 F.3d 1287 (11th Cir. 2019).
Marnika Lewis v. Governor of Alabama, 944 F.3d 1287 (11th Cir. 2019). “In connection with what we have called their ex post traceability theory, plaintiffs seem to rely most prominently on Alabama Code § 36-15-12, which generally authorizes the Attorney General “to institute and prosecute, in the name of the state, all civil actions and other…”
Riley v. Cornerstone Cmty. Outreach, Inc., 57 So. 3d 704 (Ala. 2010). “The same can be said of the provisions of other statutes urged in support of Attorney General King’s position, namely Ala. Code 1975, § 36-15-12 (“The Attorney General is authorized to institute and prosecute, in the name of the state, all civil actions and other proceedings…”
Marnika Lewis v. Governor of Alabama, 896 F.3d 1282 (11th Cir. 2018). “After Birmingham erected a plywood barrier around one of its Confederate monuments, the attorney general sued the city and mayor to enforce the Alabama Memorial Preservation Act, citing his general authority under Ala. Code § 36-15-12 "to institute and prosecute, in the name of…”
State v. $223,405.86, 203 So. 3d 816 (Ala. 2016). “shall be under the direction and control of the Attorney General.”
Summit Med. Ctr. of Alabama, Inc. v. Riley, 274 F. Supp. 2d 1262 (M.D. Ala. 2003). “Code § 36-15-12 (emphasis added). 16 Because the State of Alabama is in a position to seek civil damages under § 10(a) *1280 against abortion providers for failing to comply with the Act, the Plaintiffs conclude that the Ex parte Young exception is applicable to this case.”
Graddick, Attorney Gen. of Alabama v. Newman Et Al., 453 U.S. 928 (1981). “While I do not know whether other orders issued by the District Court in the course of this litigation should have called for a response by a vigilant Attorney General acting as a party, I am surely not surprised that this Attorney General has taken exception to an order opening…”
Jones v. CVS Caremark Corp., 59 So. 3d 21 (Ala. 2010). “” Ala. Code 1975, § 36-15-12. Further, “[t]he attorney general shall give the district attorneys of the several circuits any opinion, instruction or advice necessary or proper to aid them in the discharge of their duties.”
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