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2018 Georgia Code 45-15-34 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 2 DEPARTMENT OF LAW

45-15-34. Department as exclusive authority for executive branch in law matters.

The Department of Law is vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board, and other agency thereof. Every department, office, institution, commission, committee, board, and other agency of the state government is prohibited from employing counsel in any manner whatsoever unless otherwise specifically authorized by law.

(Ga. L. 1943, p. 284, § 4; Ga. L. 1966, p. 43, § 3.)

JUDICIAL DECISIONS

This section does not prohibit the Attorney General from accepting legal services from a county attorney for which services the state is under no obligation to pay. State Hwy. Dep't v. Sumner, 102 Ga. App. 1, 115 S.E.2d 787 (1960).

County attorney could act as agent for department.

- Even if the county attorney was not as an attorney at law authorized to act for the State Highway Department (now Department of Transportation), the county attorney was at least one who in fact purported to act as agent for the department in filing the appeal. While it is true that written authority to so act was not filed with the appeal, the county attorney's act was ratified by the Attorney General and this dispensed with the necessity of the presence of the written authority. State Hwy. Dep't v. Sumner, 102 Ga. App. 1, 115 S.E.2d 787 (1960).

County attorney may act with actual and implied authority.

- When the condemnation proceeding could have been instituted in the name of the county itself and, in fact, the proceeding was brought by the county in the name of the State Highway Department (now Department of Transportation), and the county attorney's assistance in the case in other respects was never objected to or questioned, the county attorney had authority, actual as well as implied, to sign the appeal as attorney for the department. State Hwy. Dep't v. Sumner, 102 Ga. App. 1, 115 S.E.2d 787 (1960).

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).

No conflict between giving legal advice and prosecuting.

- There is no conflict between the Attorney General's giving legal advice to officers or employees of the Department of Labor and prosecuting department officers or employees who violate the laws. Such a dual role is authorized. Brown v. State, 177 Ga. App. 284, 339 S.E.2d 332 (1985).

Cited in State Hwy. Dep't v. Smith, 120 Ga. App. 529, 171 S.E.2d 575 (1969); Doe v. Bolton, 319 F. Supp. 1048 (N.D. Ga. 1970); Busbee v. Continental Ins. Co., 526 F. Supp. 1243 (N.D. Ga. 1981).

OPINIONS OF THE ATTORNEY GENERAL

This section vests exclusive jurisdiction over all legal matters in the Attorney General, as head of the Department of Law. 1960-61 Op. Att'y Gen. p. 249.

This section does not prohibit the Attorney General from accepting legal services from a county attorney for which the state is under no obligation to pay. 1960-61 Op. Att'y Gen. p. 249.

Employment of private counsel.

- Ga. L. 1975, p. 1184, § 1 (see now O.C.G.A. § 45-15-4) when read in conjunction with the provisions of Ga. L. 1966, p. 43, § 3 (see now O.C.G.A. § 45-15-34) which unequivocally provide that the State Law Department shall have complete and exclusive authority as to legal matters pertaining to state agencies, indicates that the legislative intent was that private counsel should represent state agencies only on those rare occasions when the Attorney General deems such representation to be necessary; the use of the term "employ" in Ga. L. 1975, p. 1184, § 1 does not indicate a willingness on the part of the General Assembly to authorize a state agency to be represented by private counsel of its choice who offer to do so at no expense to the agency. 1976 Op. Att'y Gen. No. 76-93.

Attorneys employed by state agencies.

- Although state agencies may employ persons with legal training and experience to serve as administrative legal service officers, those persons may not provide legal advice or representation to the agency, and no attorney-client relationship or privilege arises between the legal services officer and other agency officers or employees, or the agency itself. 1995 Op. Att'y Gen. No. 95-1.

University of Georgia is not authorized to employ private attorneys to collect delinquent student loan funds, but it may turn over accounts to a collection agency for handling; the university should not advance any court costs for the collection of delinquent accounts; the method, means, and expense for collecting delinquent accounts should be the responsibility of the collection agency and not the University of Georgia. 1962 Op. Att'y Gen. p. 593.

Exclusive legal representative of Department of Labor.

- 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.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, § 17 et seq.

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