Sec. 1. (a) The attorney general shall prosecute and
defend all suits instituted by or against the state of Indiana, the
prosecution and defense of which is not otherwise provided for by law,
whenever the attorney general has been given ten (10) days' notice of
the pendency of the suit by the clerk of the court in which the suit is
pending, or whenever the governor or a majority of the officers of state
require the attorney general in writing, with reasonable notice, to
prosecute or defend a suit. The attorney general shall represent the state
in all criminal cases in the Supreme Court, and shall defend all suits
brought against the state officers in their official relations, except suits
brought against them by the state; and the attorney general shall be
required to attend to the interests of the state in all suits, actions, or
claims in which the state is or may become interested in the Supreme
Court of this state.
(b) The attorney general may not defend a member (as defined in IC 2-2.1-4-5) in an action for legislative bolting brought under IC 2-2.1-4.
Formerly: Acts 1889, c.71, s.4; Acts 1921, c.85, s.2. As
amended by P.L.229-2011, SEC.43; P.L.215-2016, SEC.34.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1978–2023 · leading case:
State v. Evans, 790 N.E.2d 558 (Ind. Ct. App. 2003).
State v. Evans, 790 N.E.2d 558 (Ind. Ct. App. 2003).
· cites it 36× “Second, the State contends the trial court failed to consider the effects of Indiana Code § 4-6-2-1 requiring the Attorney General to defend state officers in civil actions "except suits brought against them by the state.”
Whole Woman's Health All. v. Hill, 377 F. Supp. 3d 924 (S.D. Ind. 2019).
· cites it 6× “The Attorney General, with limited exceptions, see Ind. Code §§ 4-6-2-1 .1, 12-15-23-6(d), "cannot initiate prosecutions; instead, he may only join them when he sees fit.”
Indiana State High. Comm'n v. Morris, 528 N.E.2d 468 (Ind. 1988).
· cites it 4× “As for actions brought under the Tort Claim Act, he has the duty to advise the Governor concerning compromising or settling a claim or suit brought against the State or its employees, to perfect any compromise or settlement made by the Governor, and to defend, as chief counsel,…”
State v. Evans, 810 N.E.2d 335 (Ind. 2004).
· cites it 2× “See Ind.Code Ann. § 4-6-2-1 (2002) (Attorney General "shall defend all suits brought against the state officers in their official relations, except suits brought against them by the state").”
State of Indiana v. Tammy Sue Harper, 8 N.E.3d 694 (Ind. 2014).
· cites it 2× “See Ind.Code § 4-6-2-1 (2012) ("The attorney general shall represent the state in all criminal cases in the Supreme Court.”
Indiana Dep't of Corr. v. Haley, 928 N.E.2d 840 (Ind. Ct. App. 2010).
· cites it 4× “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 his judgment, the interest of the public requires it, he shall attend the trial of any party accused of…”
Clinton Cnty. Ex Rel. Bd. of Commissioners v. Clements, 945 N.E.2d 721 (Ind. Ct. App. 2011).
· cites it 2× “However, it held that the statute’s objective was to “protect officeholders from litigation by those dissatisfied with the decisions they make” and that absurd results would occur if the Attorney General’s office was litigating and financing both sides of the suit.”
Banta v. Clark, 398 N.E.2d 692 (Ind. Ct. App. 1979).
· cites it 3× “) These statutes, Ind.Code 4-6-2-1, Ind.Code 4-6-2-1.5, and Ind.”
Vandenboom v. Indoi Agency (S.D. Ind. 2023).
· cites it 4× “Vandenboom requests that Defendant's counsel, the Indiana Attorney General's office, be disqualified from participating in the matter because, Plaintiff argues, Defendant's actions were made in bad faith and thus fall outside of the parameters set forth in Ind. Code § 4-6-2-1…”
Ledford v. Escutia (N.D. Ind. 2020).
· cites it 2× “Ind. Code § 4-6-2-1 .5; § 34-13-4-1. Thus, the inference Defendants fear would not necessarily flow for even those aware of the applicable statutory provisions.”
— Ind. Code § 4-6-2-1(a) — 1 case
Whole Woman's Health All. v. Hill, 377 F. Supp. 3d 924 (S.D. Ind. 2019).
“The Attorney General, with limited exceptions, see Ind. Code §§ 4-6-2-1 .1, 12-15-23-6(d), "cannot initiate prosecutions; instead, he may only join them when he sees fit.”
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