A. The department of law shall be composed of the attorney general and the subdivisions of the department created as provided in this article. Unless otherwise provided by law the department shall:
1. Prosecute and defend in the supreme court all proceedings in which this state or an officer of this state in the officer's official capacity is a party.
2. At the direction of the governor or, alternatively, if deemed necessary by the attorney general, prosecute and defend any proceeding in a state court other than the supreme court in which this state or an officer of this state is a party or has an interest.
3. Represent this state in any action in a federal court, the cost thereof and the expenses of the attorney general incurred therein to be a charge against this state.
4. Exercise supervisory powers over county attorneys of the several counties in matters pertaining to that office and require reports relating to the public business thereof.
5. At the direction of the governor, or if deemed necessary, assist the county attorney of any county in the discharge of the county attorney's duties.
6. Maintain a docket of all proceedings in which the attorney general is required to appear, showing the condition thereof, the proceedings therein, the proceedings subsequent to judgment and the reasons for any delay of execution.
7. On demand by the legislature, either house of the legislature or any member of the legislature, any public officer of this state or a county attorney, render a written opinion on any question of law relating to their offices. These opinions are public records.
8. On demand by the legislature, either house of the legislature or any member of the legislature pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona, review an executive order issued by the president of the United States that has not been affirmed by a vote of Congress and signed into law as prescribed by the Constitution of the United States to determine the constitutionality of the executive order and whether this state should seek an exemption from the application of the executive order or seek to have the order declared to be an unconstitutional legislative authority by the president.
9. Perform other duties prescribed by law.
B. The department of law, in the name of this state and under the direction of the governor, shall purchase property offered for sale under execution issued on a judgment in favor of or for the use of this state, and shall enter satisfaction, wholly or in part, of the judgment as consideration for the purchase. If the property of the judgment debtor has been sold under a prior judgment or is subject to a prior judgment, lien or encumbrance, the department of law, under direction of the governor, shall redeem the property from the prior judgment, lien or encumbrance. All money necessary for the redemption shall, on the order of the governor, be paid from money appropriated for such purpose.
C. The department of law shall institute investigations for discovery of property that may have escheated or would escheat to this state, and for such purpose may require any person before the superior court to answer investigations, produce books and render accounts relating to the property. The department may institute action in the superior court in the county in which the property is located for recovery of escheats or may require the county attorney to conduct such proceedings.
Notes of Decisions
Yes on Prop 200 v. Napolitano, 160 P.3d 1216 (Ariz. Ct. App. 2007).
· cites it 6× “See A.R.S. § 41-193(A)(7) (2004) (stating that the Attorney General shall “[u]pon demand by [public officials] render a written *465 opinion upon any question of law relating to their offices”).”
State Ex Rel. Woods v. Block, 942 P.2d 428 (Ariz. 1997).
· cites it 6× “§ 41-192 describes the powers and duties of the Attorney General, and A.R.S. § 41-193 describes the powers and duties of the department of law he runs.”
Arizona State Land Dep't v. McFate, 348 P.2d 912 (Ariz. 1960).
· cites it 10× “” A.R.S. § 41-193, subd. A establishes the Department of Law which, “unless otherwise provided by law,” shall: “1.”
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019).
· cites it 2× “, A.R.S. § 41-193(A)(4), (5), but is also responsible for handling appeals of criminal cases originally tried by county attorneys, who must furnish that office with a statement of facts and legal authority for appellate purposes, see A.”
State Ex Rel Brnovich v. City of tucson/dewit, 399 P.3d 663 (Ariz. 2017).
· cites it 2× “See § 41-193(A)(7) (stating that “[u]pon demand by the legislature, or either house or any member thereof,” the Attorney General’s Office shall “render a written opinion upon any question of law relating to their offices”); cf.”
Jordahl v. Brnovich, 336 F. Supp. 3d 1016 (D. Ariz. 2018).
· cites it 4× “They also allege that under A.R.S. § 41-193(A)(2), Mr. Brnovich has the authority to prosecute public officials and others for misappropriation of public monies.”
State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017).
· cites it 4× “In asserting its authority to pursue this litigation, the AAG relies upon A.R.S. § 41-193(A)(2), which states “[a]t the direction of the governor or when deemed necessary by the attorney general, [the AAG shall] prosecute and defend any proceeding in a state court .”
State Ex Rel. Morrison v. Thomas, 297 P.2d 624 (Ariz. 1956).
· cites it 8× “1939, [A.R.S. §§ 41-193, 41-192]. The most important of the above provisions insofar as this action is concerned is Section 4-607 (a) (1), requiring the department of law to "prosecute and defend in the supreme court all causes in which the state or an officer thereof in his…”
State v. Duran, 575 P.2d 1265 (Ariz. Ct. App. 1978).
· cites it 6× “The powers of the Attorney General with respect to the prosecution of criminal matters are set forth in A.R.S. § 41-193, which' provides in part as follows: “A.”
Jennings v. Woods, 982 P.2d 274 (Ariz. 1999).
· cites it 4× “¶ 9 Meanwhile, on December 16, 1998, Jennings requested, pursuant to A.R.S. § 41-193(A)(7), that the attorney general issue an opinion regarding the proper interpretation of section 40-101 in order to determine whether he must continue to hold office or simply hand over the seat…”
— Ariz. Rev. Stat. § 41-193(4) — 1 case
— Ariz. Rev. Stat. § 41-193(A) — 2 cases
— Ariz. Rev. Stat. § 41-193(A)(1) — 5 cases
State Ex Rel. Woods v. Block, 942 P.2d 428 (Ariz. 1997).
“§ 41-192 describes the powers and duties of the Attorney General, and A.R.S. § 41-193 describes the powers and duties of the department of law he runs.”
— Ariz. Rev. Stat. § 41-193(A)(2) — 9 cases
Jordahl v. Brnovich, 336 F. Supp. 3d 1016 (D. Ariz. 2018).
“They also allege that under A.R.S. § 41-193(A)(2), Mr. Brnovich has the authority to prosecute public officials and others for misappropriation of public monies.”
State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017).
“In asserting its authority to pursue this litigation, the AAG relies upon A.R.S. § 41-193(A)(2), which states “[a]t the direction of the governor or when deemed necessary by the attorney general, [the AAG shall] prosecute and defend any proceeding in a state court .”
— Ariz. Rev. Stat. § 41-193(A)(3) — 4 cases
— Ariz. Rev. Stat. § 41-193(A)(4) — 4 cases
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019).
“, A.R.S. § 41-193(A)(4), (5), but is also responsible for handling appeals of criminal cases originally tried by county attorneys, who must furnish that office with a statement of facts and legal authority for appellate purposes, see A.”
— Ariz. Rev. Stat. § 41-193(A)(5) — 3 cases
State v. Duran, 575 P.2d 1265 (Ariz. Ct. App. 1978).
“The powers of the Attorney General with respect to the prosecution of criminal matters are set forth in A.R.S. § 41-193, which' provides in part as follows: “A.”
— Ariz. Rev. Stat. § 41-193(A)(7) — 7 cases
Yes on Prop 200 v. Napolitano, 160 P.3d 1216 (Ariz. Ct. App. 2007).
“See A.R.S. § 41-193(A)(7) (2004) (stating that the Attorney General shall “[u]pon demand by [public officials] render a written *465 opinion upon any question of law relating to their offices”).”
State Ex Rel Brnovich v. City of tucson/dewit, 399 P.3d 663 (Ariz. 2017).
“See § 41-193(A)(7) (stating that “[u]pon demand by the legislature, or either house or any member thereof,” the Attorney General’s Office shall “render a written opinion upon any question of law relating to their offices”); cf.”
Jennings v. Woods, 982 P.2d 274 (Ariz. 1999).
“¶ 9 Meanwhile, on December 16, 1998, Jennings requested, pursuant to A.R.S. § 41-193(A)(7), that the attorney general issue an opinion regarding the proper interpretation of section 40-101 in order to determine whether he must continue to hold office or simply hand over the seat…”
— Ariz. Rev. Stat. § 41-193(AX3) — 1 case
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