Ind. Code § 4-6-1-6

Rights, powers, and duties; consultation and advice to prosecuting attorneys; assisting in criminal prosecutions; representation of state

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     Sec. 6. All the rights, powers, and duties conferred by law upon the attorney general are conferred upon the attorney general created by this chapter; in addition thereto, the attorney general shall consult with and advise the several prosecuting attorneys of the state in relation to the duties of their office, and when, in the attorney general's judgment, the interest of the public requires it, the attorney general shall attend the trial of any party accused of an offense, and assist in the prosecution; and shall represent the state in any matter involving the rights or interests of the state, including actions in the name of the state, for which provision is not otherwise made by law.

Formerly: Acts 1941, c.109, s.6. As amended by Acts 1978, P.L.2, SEC.402; P.L.215-2016, SEC.33.

 

IC 4-6-2Chapter 2. Powers and Duties

 

           4-6-2-1Prosecuting and defending suits by or against state and state officers
           4-6-2-1.1Concurrent jurisdiction with prosecuting attorney of certain actions
           4-6-2-1.3Regulation of athlete agents
           4-6-2-1.5Suits against state and local government officials or employees; defense by attorney general; letter summarizing teachers' rights
           4-6-2-2Authority to prosecute or defend suits
           4-6-2-3Residence; office; presence in office during business hours
           4-6-2-4Opinions; records; accounts; pending cases
           4-6-2-5Opinions
           4-6-2-6Collection of costs, licenses, money, fines, penalties, or forfeitures; escheats; reports of money due state
           4-6-2-7Repealed
           4-6-2-8Reports
           4-6-2-9Reports of officers; money collected by attorney general
           4-6-2-10Law books
           4-6-2-11Compromise of claims
           4-6-2-12Authority of the attorney general to investigate human trafficking

 

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1989–2024 · leading case: Doe v. Holcomb
Doe v. Holcomb (2018) ca7 · cites it 3× “Doe argues that the Attorney General enforces the name-change statute because he is vested with the broad authority to enforce criminal laws.”
Whole Woman's Health Alliance v. Hill (2019) insd · cites it 6× “3d at 977 (citing Ind. Code § 4-6-1-6 ). The Attorney General also "shall consult with and advise the several prosecuting attorneys of the state in relation to the duties of their office[.”
Baskin v. Bogan (2014) insd · cites it 3× “The Attorney General, Greg Zoeller, his officers, agents, servants, employees and attorneys, and all those acting in concert with them, are PERMANENTLY ENJOINED from prosecuting or assisting in the prosecution, using his authority from Indiana Code § 4-6-1-6, of the following: a.”
Zoeller v. East Chicago Second Century, Inc. (2009) ind · cites it 2× “In filing his counterclaim, the Attorney General cited his general duty to represent the State in any matter involving the rights or interests of the State, including those for which no other provision is made by law, Ind.Code § 4-6-1-6, and noted the public interest in…”
Indiana Department of Correction v. Haley (2010) indctapp · cites it 3× “Indiana Code Section 4-6-1-6 provides, All of the rights, powers, and duties conferred by law upon the attorney-general are conferred upon the attorney general created by this chapter; in addition thereto, the attorney-general shall consult with and advise the several…”
Bowling v. Pence (2014) insd · cites it 2× “The Attorney General, Greg Zoeller, his officers, agents, servants, employees and attorneys, and all those acting in concert with them, are PERMANENTLY ENJOINED from prosecuting or assisting in the prosecution, using his authority from Indiana Code § 4-6-1-6, of Indiana Code §…”
William H. Ellis, Sr. v. State of Indiana (2016) indctapp “2010) (stating that "Indiana Code Sections 4-6-1-6 and 4-6-2-1 confer to the attorney general the authority to represent the DOC” in an action seeking educational credit).”
Payne v. State (1989) indctapp · cites it 2× “Indiana Code sections 4-6-1-6 and 4-6-2-1. Accordingly, the prosecutor lacked the authority to waive the rights of other agencies and could not obtain expungement without regard to the rights of these agencies.”
State v. Bergman (1990) indctapp “Ind.Code 4-6-1-6 (1988); Ind. Code 4-6~2-1 -2 (1988).”
Glass v. Wrigley (2008) indctapp · cites it 2× “” Under Indiana Code section 4-6-1-6, the attorney general "shall represent the state in any matter involving the rights or interests of the state.”
In the Matter of Curtis T. Hill, Jr. (2020) ind · cites it 2× “See generally I.C. § 4-6-1-6 (setting forth rights, powers, and duties of Attorney General).”
Jeremy R. Sims v. Indiana Bureau of Motor Vehicles (mem. dec.) (2020) indctapp · cites it 2× “[14] Furthermore, Indiana Code section 4-6-1-6 provides that the Attorney General may “represent the state in any matter involving the rights or interests of the state.”
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