TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 15. Attorney General, 45-15-1 through 45-15-70.

ARTICLE 1 GENERAL PROVISIONS

45-15-3. Duties generally.

It is the duty of the Attorney General:

When required to do so by the Governor, to give his opinion in writing, or otherwise, on any question of law connected with the interest of the state or with the duties of any of the departments;
When he deems it advisable, to prepare all contracts and writings in relation to any matter in which the state is interested;
When required to do so by the Governor, to participate in, on behalf of the state, all criminal actions in any court of competent jurisdiction when the district attorney thereof is being prosecuted, and all other criminal or civil actions to which the state is a party;
To act as the legal adviser of the executive branch;
To represent the state in all capital felony actions before the Supreme Court;
To represent the state in all civil actions tried in any court; and
To perform such other services as shall be required of him by law.

(Laws 1799, Cobb's 1851 Digest, p. 574; Code 1863, § 343; Code 1868, § 404; Ga. L. 1873, p. 31, § 1; Code 1873, § 369; Code 1882, § 369; Civil Code 1895, § 220; Penal Code 1895, § 880; Civil Code 1910, § 254; Penal Code 1910, § 901; Code 1933, § 40-1602; Ga. L. 1975, p. 882, § 1; Ga. L. 2002, p. 415, § 45.)

Cross references.

- Duty of Attorney General to represent beneficiaries of charitable trusts, § 53-12-174.

Law reviews.

- For note, "Perdue v. Baker: Who Has the Ultimate Power over Litigation on Behalf of the State of Georgia - the Governor or the Attorney General?," see 21 Ga. St. U.L. Rev. 751 (2005).

JUDICIAL DECISIONS

Duties of the Attorney General are limited by O.C.G.A. § 45-15-3, and when the Constitution creates the office and prescribes the duties of the holder thereof, and declares that other duties may be imposed on the Attorney General by statute, the Attorney General has no authority to perform any act not legitimately within the scope of such statutory and constitutional provisions. Walker ex rel. Mason v. Georgia Ry. & Power Co., 146 Ga. 655, 92 S.E. 57 (1917).

Attorney General properly represents one sued in capacity as state official.

- When defendant is sued in capacity as state official it is clearly proper for office of Attorney General of Georgia to act on the defendant's behalf. Cleveland v. Noland, 510 F. Supp. 37 (N.D. Ga. 1981).

Powers of Governor and Attorney General.

- Construed together, Ga. Const. 1983, Art. V and O.C.G.A. §§ 45-15-3,45-15-6,45-15-35, and45-12-26, do not vest either the Georgia Governor or the Attorney General with exclusive power to control legal proceedings involving the State of Georgia; instead, the Governor and Attorney General have concurrent powers over litigation in which the state is a party. Perdue v. Baker, 277 Ga. 1, 586 S.E.2d 606 (2003).

Georgia Attorney General was authorized, under O.C.G.A. § 45-15-3(3), to prosecute the defendant for criminal attempts to commit theft by taking as the Attorney General represented the state in criminal actions when required to do so by the Governor. Brown v. State, 268 Ga. App. 629, 602 S.E.2d 158 (2004).

Representation before Health Planning Review Board.

- The assistant attorney general fulfilled a constitutionally and statutorily mandated dual role in representing both the State Health Planning and Development Agency and the Health Planning Review Board, but this dual role as prosecutor and legal advisor to the Review Board did not taint the opportunity of each party to present its case in full before the Review Board. North Fulton Community Hosp. v. State Health Planning & Dev. Agency, 168 Ga. App. 801, 310 S.E.2d 764 (1983).

Injunction against ultra vires acts.

- The Attorney General of this state was without authority to institute an equitable action in the name of the state, on the relation of a number of designated individuals, against a domestic corporation, to enjoin it from doing acts alleged to be ultra vires. Walker ex rel. Mason v. Georgia Ry. & Power Co., 146 Ga. 655, 92 S.E. 57 (1917).

Cited in Mitchell v. State, 22 Ga. 211, 68 Am. Dec. 493 (1857); Doe v. Bolton, 319 F. Supp. 1048 (N.D. Ga. 1970).

OPINIONS OF THE ATTORNEY GENERAL

Attorney General should not render an opinion on the constitutionality of a legislative enactment, particularly when the interest of the state is not directly involved. 1945-47 Op. Att'y Gen. p. 290.

Which does not affect the interest of the state.

- It is clear from this section that the Attorney General is without authority to rule upon the constitutionality of any state statute which does not affect the state or the various departments of the state government; this construction is consistent with the unbroken policy of the Attorney General in considering the constitutionality of state statutes. 1948-49 Op. Att'y Gen. p. 243.

Insurance Commissioner is entitled to representation by the Attorney General in an antitrust suit arising because of acts growing out of meetings attended by the Commissioner in the Commissioner's official capacity. 1954-56 Op. Att'y Gen. p. 437.

Department of Labor to be represented only by Attorney General.

- The Department of Labor may not employ its own general counsel or otherwise provide itself with legal advice or representation other than through the Attorney General. 1984 Op. Att'y Gen. No. 84-48.

Initiation of legal actions.

- Construing O.C.G.A. §§ 15-18-6 and45-15-3 together, it is concluded that while the Attorney General must actually initiate every lawsuit brought by a state agency absent overriding legislation, district attorneys may, at the request of the Administrator of Office of Consumer Affairs, participate in Fair Business Practices Act suits brought by the administrator, so long as the statutorily imposed duties on the Attorney General are observed. 1977 Op. Att'y Gen. No. 77-67.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 1, 6 et seq.

C.J.S.

- 7A C.J.S., Attorney General, §§ 4, 28. 81A C.J.S., States, § 240.

ALR.

- Right of Attorney General or other representative of state to intervene in divorce suit, 22 A.L.R. 1112.

Right of Attorney General to represent or serve administrative officer or body to exclusion of attorney employed by such officer or body, 137 A.L.R. 818.

Validity, under state law, of appointment of special prosecutor where regular prosecutor is charged with, or being investigated for, criminal or impeachable offense, 84 A.L.R.3d 115.

Cases Citing Georgia Code 45-15-3 From Courtlistener.com
Total Results: 6
STATE OF GEORGIA v. FEDERAL DEFENDER PROGRAM, INC.
Court: Supreme Court of Georgia | Date Filed: 2022-12-20
Snippet: ruling was error, arguing that, under OCGA § 45-15-3 (2), the Attorney General has the duty “to prepare
Byers v. State
Court: Supreme Court of Georgia | Date Filed: 2021-04-05
Snippet: felony actions before the Supreme Court.” OCGA § 45-15-3 (5). And district attorneys have the statutory
Miller v. Deal
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Snippet: 1983 Art. V, Sec. III, Par. IV. See also OCGA § 45-15-3 (6) (“It is the duty of the Attorney General .
Miller v. Deal
Court: Supreme Court of Georgia | Date Filed: 2014-07-11
Citation: 295 Ga. 504, 761 S.E.2d 274, 2014 WL 3396506, 2014 Ga. LEXIS 581
Snippet: 1983, Art. V, Sec. III, Par. IV. See also OCGA § 45-15-3 (6) (“It is the duty of the Attorney General.
Head v. Stripling
Court: Supreme Court of Georgia | Date Filed: 2003-10-14
Citation: 590 S.E.2d 122, 277 Ga. 403, 2003 Fulton County D. Rep. 3657, 2003 Ga. LEXIS 1053
Snippet: State on appeals in death penalty cases (OCGA § 45-15-3 (5)), the Attorney General’s office usually does
Perdue v. Baker
Court: Supreme Court of Georgia | Date Filed: 2003-09-04
Citation: 586 S.E.2d 606, 277 Ga. 1, 2003 Fulton County D. Rep. 2700, 2003 Ga. LEXIS 700
Snippet: action in which the State has an interest.24 OCGA § 45-15-3 sets out the Attorney General’s general responsibilities

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