Kansas Statutes Annotated

K.S.A. § 75-702 (2026)

Duties and responsibilities; authority to prosecute and defend

✓ current as of May 2026

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75-702. Duties and responsibilities; authority to prosecute and defend. (a) The attorney general shall appear for the state, and prosecute and defend any and all actions and proceedings, civil or criminal, in the Kansas supreme court, the Kansas court of appeals and in all federal courts, in which the state shall be interested or a party, and shall, when so appearing, control the state's prosecution or defense.

(b) The attorney general shall also, when required by the governor or either branch of the legislature, appear for the state and prosecute or defend, in any other court or before any officer, in any cause or matter, civil or criminal, in which this state may be a party or interested or when the constitutionality of any law of this state is at issue and when so directed shall seek final resolution of such issue in the supreme court of the state of Kansas.

(c) (1) The attorney general shall have authority to prosecute any matter related to a violation of K.S.A. 12-189 or 75-5133, and amendments thereto, related to unlawful acts when the offender is an officer or employee of a city or county.

(2) Notwithstanding any provision of law to the contrary, the attorney general shall have concurrent authority with any county or district attorney to prosecute the following crimes when they are part of an alleged course of criminal conduct that occurred in two or more counties:

(A) Organized retail crime as defined in K.S.A. 2025 Supp. 21-5841, and amendments thereto, and any other crime that is part of such alleged course of criminal conduct;

(B) theft as defined in K.S.A. 21-5801, and amendments thereto;

(C) violations of the Kansas racketeer influenced and corrupt organizations act, K.S.A. 21-6327 et seq., and amendments thereto; and

(D) any attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of the crimes described in subsection (c)(2)(A), (c)(2)(B) or (c)(2)(C).

History: L. 1879, ch. 166, § 71; R.S. 1923, 75-702; L. 1975, ch. 431, § 1; L. 2005, ch. 110, § 9; L. 2013, ch. 89, § 2; L. 2023, ch. 94, § 7; L. 2024, ch. 86, § 4; July 1.

Notes of Decisions

Cited in 24 cases (11 in the last 5 years), 1973–2026 · leading case: State Ex Rel. Morrison v. Sebelius, 179 P.3d 366 (Kan. 2008).

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State Ex Rel. Morrison v. Sebelius, 179 P.3d 366 (Kan. 2008). · cites it 6× “Section 3 states: "In accordance with K.S.A. 75-702, and amendments thereto, the attorney general shall seek judicial determination of the constitutionality of K.”

State v. Mustafa Abdulla Abu-Isba, 685 P.2d 856 (Kan. 1984). · cites it 2× “K.S.A. 75-702 makes it incumbent upon the attorney general to appear for the State and prosecute or defend, in any court, any civil or criminal matter in which the State may be interested, when the attorney general is `required by the governor or either branch of the…”

Petrella ex rel. N.P. v. Brownback, 697 F.3d 1285 (10th Cir. 2012). “I § 3; Kan. Stat. Ann. § 75-702 . And this Court has already held, in another challenge to Kansas’s school finance scheme, that the state school board officials and Commissioner of Education are proper defendants in such a suit.”

Mem'l Hosp. Ass'n, Inc. v. Knutson, 722 P.2d 1093 (Kan. 1986). “K.S.A. 75-702 provides: “The attorney general shall appear for the state, and prosecute and defend all actions and proceedings, civil or criminal, in the supreme court, in which the state shall be interested or a party, and shall also, when required by the governor or either…”

Klein v. Univ. of Kansas Med. Ctr., 975 F. Supp. 1408 (D. Kan. 1997). · cites it 2× “See K.S.A. § 75-702. The court, therefore, denies Klein’s motion for leave to amend.”

State Ex Rel. Six v. Kansas Lottery, 186 P.3d 183 (Kan. 2008). “The district court filed a 41-page memorandum decision and order on February 1, 2008, holding that the statute passed constitutional muster. The State of Kansas, through the attorney general, filed a timely notice of appeal and amended notice of appeal.”

League of Women Voters of Kansas v. Schwab, 513 P.3d 1222 (Kan. Ct. App. 2022). “" The appellants contend the statement from the Attorney General is a shot across the bow intended to put them on notice that if they persist in their activities, prosecution is likely to result.”

State v. Mkt., 302 N.E.2d 528 (Ind. Ct. App. 1973). “” Kan. Stat. Ann. § 75-702 (1969). This statute has been interpreted to mean that the Attorney General alone has the authority to represent the State in a criminal appeal.”

State ex rel. Stephan v. Reynolds, 673 P.2d 1188 (Kan. 1984). · cites it 2× “K.S.A. 75-702 makes it incumbent upon the attorney general to appear for the State and prosecute or defend, in any court, any civil or criminal matter in which the State may be interested, when the attorney general is “required by the governor or either branch of the…”

Butler v. Shawnee Mission Sch. Dist. Bd. of Educ. (Kan. 2022). · cites it 5× “40], including the instant one, are hereby determined to be unenforceable, regardless of the merits." As both a party to this litigation and the state's chief law enforcement officer, the Attorney General was entitled to appeal from this aspect of the trial court's judgment.”

Thompson v. Masterson (D. Kan. 2024). · cites it 3× “Defendants further state that per K.S.A. § 75-702(a) and (b), they are represented by the Kansas Attorney General (“AG”) in this matter.”

Animal Legal Def. Fund v. Kelly (D. Kan. 2020). · cites it 2× “I § 3; Kan. Stat. Ann. § 75-702 . Petrella, 697 F.”

Show all 24 citing cases →

— K.S.A. § 75-702(a) — 2 cases

Thompson v. Masterson (D. Kan. 2024). “Defendants further state that per K.S.A. § 75-702(a) and (b), they are represented by the Kansas Attorney General (“AG”) in this matter.”

Craft v. Townsend (D. Kan. 2023).

— K.S.A. § 75-702(b) — 1 case

State, ex rel. Kobach v. Harper (Kan. Ct. App. 2025).

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