Illinois Compiled Statutes
15 ILCS 205/4 (2026)
The duties of the Attorney General shall be-- First - To appear for and represent the people of the State before the supreme court in all cases in which the State or the people of the State are interested
✓ current as of May 2026
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(15 ILCS 205/4)
(from Ch. 14, par. 4)
Sec. 4. The duties of the Attorney General shall be-- First - To appear for and represent the people of the State before the
supreme court in all cases in which the State or the people of the State
are interested.
Second - To institute and prosecute all actions and proceedings in favor
of or for the use of the State, which may be necessary in the execution of
the duties of any State officer.
Third - To defend all actions and proceedings against any State officer,
in his official capacity, in any of the courts of this State or the United
States.
Fourth - To consult with and advise the several State's Attorneys in
matters relating to the duties of their office; and when, in his judgment,
the interest of the people of the State requires it, he shall attend the
trial of any party accused of crime, and assist in the prosecution. When
the Attorney General has requested in writing that a State's Attorney
initiate court proceedings to enforce any provisions of the Election Code
or to initiate a criminal prosecution with respect to a violation of the
Election Code, and when the State's Attorney has declined in writing to
initiate those proceedings or prosecutions or when the State's Attorney
has neither initiated the proceedings or prosecutions nor responded in
writing to the Attorney General within 60 days of the receipt of the request,
the Attorney General may, concurrently with or independently of the State's
Attorney, initiate such proceedings or prosecutions. The Attorney General may investigate and prosecute any violation of the Election Code at the request of the State Board of Elections or a State's Attorney.
Fifth - To investigate alleged violations of the statutes which the
Attorney General has a duty to enforce and to conduct other investigations
in connection with assisting in the prosecution of a criminal offense at
the request of a State's Attorney.
Sixth - To consult with and advise the governor and other State officers,
and give, when requested, written opinions upon all legal or constitutional
questions relating to the duties of such officers respectively.
Seventh - To prepare, when necessary, proper drafts for contracts and other
writings relating to subjects in which the State is interested.
Eighth - To give written opinions, when requested by either branch of
the general assembly, or any committee thereof, upon constitutional or
legal questions.
Ninth - To enforce the proper application of funds appropriated to the
public institutions of the State, prosecute breaches of trust in the
administration of such funds, and, when necessary, prosecute corporations
for failure or refusal to make the reports required by law.
Tenth - To keep, a register of all cases prosecuted or defended by him,
in behalf of the State or its officers, and of all proceedings had in
relation thereto, and to deliver the same to his successor in office.
Eleventh - To keep on file in his office a copy of the official opinions
issued by the Attorney General and deliver same to his successor.
Twelfth - To pay into the State treasury all moneys received by him for
the use of the State.
Thirteenth - To attend to and perform any other duty which may, from time
to time, be required of him by law.
Fourteenth - To attend, present evidence to and prosecute indictments
returned by each Statewide Grand Jury.
Fifteenth - To give written binding and advisory public access opinions as provided in Section 7 of this Act. (Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)
Notes of Decisions
Cited in 29
cases (5 in the last 5 years), 1996–2025 · leading case: Illinois Educ. Ass'n v. Illinois State Bd. of Educ., 791 N.E.2d 522 (Ill. 2003).
Illinois Educ. Ass'n v. Illinois State Bd. of Educ., 791 N.E.2d 522 (Ill. 2003). “” 15 ILCS 205/4 (West 2000). The IEA argues that the Attorney General is not representing a state agency when it issues an Attorney General opinion, and that the performance of this duty pursuant to section 4 “is a separate function from [the Attorney General’s] responsibility…”
Hadley v. Ryan, 803 N.E.2d 48 (Ill. App. Ct. 2003). “” 15 ILCS 205/4 (West 2002). Usually the legislature’s use of the word “may” is regarded as indicating a permissive or directory reading, while the use of the word “shall” is considered to express a mandatory reading.”
People Ex Rel. Devine v. Time Consum. Mktg., Inc., 782 N.E.2d 761 (Ill. App. Ct. 2002). “Pursuant thereto, the Illinois Attorney General’s statutorily prescribed duties include, inter alia, the duties to: appear and represent the People of the State before the supreme court; to institute and prosecute all proceedings in favor of the state which may be necessary in…”
People ex rel. Alvarez v. Gaughan, 2016 IL 120110 (Ill. 2016). “He first resorts to section 4 of the Attorney General Act (15 ILCS 205/4 (West 2014)), which recites various “duties of the Attorney General,” among them: “To appear for and represent the people of the State before the supreme court in all cases in which the State or the people…”
Vine Street Clinic v. HealthLink, Inc., 856 N.E.2d 422 (Ill. 2006). “15 ILCS 205/4 (West 2002). In an opinion letter dated March 5, 2002, Attorney General James E.”
People ex rel. Alvarez v. Gaughan, 2016 IL 120110 (Ill. 2017). “He first resorts to section 4 of the Attorney General Act (15 ILCS 205/4 (West 2014)), which recites various “duties of the Attorney General,” among them: “To appear for and represent the people of the State before the supreme court in all cases in which the State or the people…”
Tully v. Edgar, 676 N.E.2d 1361 (Ill. App. Ct. 1997). “V, § 15), charged with the representation of "the people of the state” (15 ILCS 205/4 (West 1994)). To this end, the Attorney General Act provides that it is the Attorney General’s duty to "institute and prosecute all actions and proceedings” (emphasis added) as may "be…”
People v. Dasaky, 709 N.E.2d 635 (Ill. App. Ct. 1999). “See 15 ILCS 205/4 (West 1996); 55 ILCS 5/3-9005(a) (West 1996).”
Am. Fed'n of State, Cnty. & Mun. Employees, Council 31 v. Ryan, 807 N.E.2d 1235 (Ill. App. Ct. 2004). “15 ILCS 205/4 (West 2002). Thus, were State’s Attorneys not authorized to bring enforcement actions under the Planning Act, the Attorney General would be charged both with defending DHS and prosecuting an action to compel DHS to comply with the permit requirement.”
Illinois Educ. Ass'n v. Illinois State Bd. of Educ., 762 N.E.2d 1190 (Ill. App. Ct. 2002). “" The Act provides that the duties of the Attorney General shall be: "To consult with and advise the governor and other state officers, and give, when requested, written opinions upon all legal or constitutional questions relating to the duties of such officers respectively.”
People v. Scates, 914 N.E.2d 243 (Ill. App. Ct. 2009). “See 15 ILCS 205/4 (West 2006); see also Saxby v.”
Herbst v. Ryan, 90 F.3d 1300 (7th Cir. 1996). “(noting that, although ability to pay is entitled to "relatively little weight," it may point to the same conclusion as the other considerations) 12 See Ill.”
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