Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 191 (2026)

Duties; salary; fees; full time

✓ current as of May 2026
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1.  Attorney General; office; salary.  The Attorney General is the executive head of the Department of the Attorney General. The Attorney General shall keep an office at the seat of government and is entitled to receive an annual salary in full for all services. The Attorney General is entitled to receive actual expenses incurred in the performance of official duties.  
[PL 2003, c. 510, Pt. B, §2 (NEW); PL 2003, c. 599, §11 (AFF).]
2.  Full time; prohibited activities.  The Attorney General shall devote full time to the duties of the office and may not engage in the private practice of law during the Attorney General's term of office, nor may the Attorney General during that term be a partner or associate of any person in the practice of law. During the term of service, the Attorney General may not be an officer or director of any corporation engaged in business for profit within the State.  
[PL 2003, c. 510, Pt. B, §2 (NEW); PL 2003, c. 599, §11 (AFF).]
3.  Representation by Attorney General, deputies, assistants and staff attorneys.  The Attorney General or a deputy, assistant or staff attorney shall appear for the State, the head of any state department, the head of any state institution and agencies of the State in all civil actions and proceedings in which the State is a party or interested, or in which the official acts and doings of the officers are called into question, in all the courts of the State and in those actions and proceedings before any other tribunal when requested by the Governor or by the Legislature or either House of the Legislature. All such actions and proceedings must be prosecuted or defended by the Attorney General or under the Attorney General's direction.  
A. Writs, summonses or other processes served upon those officers must be transmitted by them to the Attorney General.   [PL 2003, c. 510, Pt. B, §2 (NEW); PL 2003, c. 599, §11 (AFF).]
B. All legal services required by those officers, boards and commissions in matters relating to their official duties must be rendered by the Attorney General or under the Attorney General's direction. The officers or agencies of the State may not act at the expense of the State as counsel, nor employ private counsel except upon prior written approval of the Attorney General. In all instances where the Legislature has authorized an office or an agency of the State to employ private counsel, the Attorney General's written approval is required as a condition precedent to the employment.   [PL 2003, c. 510, Pt. B, §2 (NEW); PL 2003, c. 599, §11 (AFF).]
[PL 2003, c. 510, Pt. B, §2 (NEW); PL 2003, c. 599, §11 (AFF).]
4.  Fees.  The Attorney General is entitled to receive the following fees:  
A.   [PL 2003, c. 599, §1 (RP); PL 2003, c. 599, §2 (AFF).]
B. For certificate that any corporation has ceased to transact business and is excused from filing annual returns, as authorized in Title 13‑C, section 1621, subsection 4, $5.   [PL 2003, c. 510, Pt. B, §2 (NEW); PL 2003, c. 599, §11 (AFF).]
The Attorney General shall collect the legal and usual fees payable to the Attorney General by virtue of the Attorney General's office and shall pay them over to the Treasurer of State.  
[PL 2003, c. 599, §1 (AMD); PL 2003, c. 599, §§2, 11 (AFF).]
5.  Required training regarding harassment.  The Attorney General shall attend and complete annually a course of in-person education and training regarding harassment, including, but not limited to, sexual harassment and racial harassment.  
[PL 2023, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1965, c. 141 (AMD). PL 1965, c. 510, §1 (AMD). PL 1965, c. 513, §§5-B (AMD). PL 1967, c. 476, §9 (AMD). PL 1969, c. 504, §6 (AMD). PL 1971, c. 439, §7 (AMD). PL 1971, c. 550, §2 (AMD). PL 1973, c. 585, §§11,12,14 (AMD). PL 1973, c. 711, §§1-2 (AMD). PL 1975, c. 770, §20 (AMD). PL 1977, c. 696, §34 (AMD). PL 1989, c. 410, §13 (AMD). PL 2003, c. 510, §B2 (RPR). PL 2003, c. 510, §B3 (AFF). PL 2003, c. 599, §1 (AMD). PL 2003, c. 599, §§2,11 (AFF). PL 2023, c. 545, §3 (AMD).
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Notes of Decisions
Cited in 15 cases, 1969–2020 · leading case: Opinion of the Justices of the Supreme Jud. Court, 2015 ME 27 (Me. 2015).
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Opinion of the Justices of the Supreme Jud. Court, 2015 ME 27 (Me. 2015). · cites it 9× “I seek your advice upon important questions of law regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General pursuant to Article V, Part First, Section I, Article V, Part First, Section 12, and Article IX, Section 11…”
Cent. Maine Power Co. v. Pub. Utils. Comm'n, 382 A.2d 302 (Me. 1978). · cites it 3× “14 In this specific respect 5 M.R.S.A. § 191 has key significance. It provides, as here pertinent: “The Attorney General, .”
Superintendent of Ins. v. Attorney Gen., 558 A.2d 1197 (Me. 1989). · cites it 3× “The Attorney General’s Obligation to Represent the Superintendent The Superior Court ruled that 5 M.R.S.A. § 191 (1979) imposes a mandatory duty on the Attorney General to represent agencies and officers of the State of Maine in all civil actions involving their official acts.”
Child Dev. Servs.—Cumberland Cnty. v. Attorney Gen., 760 A.2d 630 (Me. 2000). · cites it 7× “The Attorney General is authorized, pursuant to 5 M.R.S.A. § 191 (1989 & Pamph.1999), to control the provision of legal services to the regional CDS sites.”
State v. Dhuy, 2003 ME 75 (Me. 2003). “1986); see also 5 M.R.S.A. § 191 (2002) (providing the Attorney General with authority to represent the State in civil actions in which the State is interested).”
Dep't of Env't Prot. v. Town of Otis, 1998 ME 214 (Me. 1998). · cites it 2× “The Attorney General may, inter alia, represent the DEP in shoreland related proceedings, see 5 M.R.S.A. § 191 (Pamph.1997); participate in municipal proceedings involving shoreland zoning issues, see 38 M.”
Dir. of Bureau of Labor Standards v. Diamond Brands, Inc., 588 A.2d 734 (Me. 1991). “*736 § 625-B(5) (1988) and 5 M.R.S.A. § 191 (1989 & Supp.1990). Diamond Brands filed a motion for a summary judgment based on its contention that, because it had employed the workers at the Dixfield plant for less than two years, it was exempt from liability for severance pay…”
Clark v. Maine Dep't of Corr., 463 A.2d 762 (Me. 1983). · cites it 2× “That memorandum stated that the Assistant Attorney General stipulated that “the agency, all parties to the agency proceeding and the Attorney General” were served in accordance with the Maine Administrative Procedure Act, 5 M.”
Me. Ass'n of Interdependent Neighborhoods v. Petit, 659 F. Supp. 1309 (D. Me. 1987). “First, the Attorney General, by removing the case, has represented that he has the power to waive Maine's eleventh amendment immunity.”
Maine Mun. Ass'n v. Mayhew, 64 F. Supp. 3d 251 (D. Me. 2014). “See 5 M.R.S. § 191(1) (“The Attorney General is the executive head of the Department of the Attorney General”).”
Maine Ass'n of Interdependent Neighborhoods v. Petit, 659 F. Supp. 1309 (D. Me. 1987). “Compare Me.Rev.Stat.Ann. tit. 5, § 191 and Central Maine Power v.”
Governor LePage v. Attorney Gen. Mills (Me. Super. Ct 2017). · cites it 2× “The Governor's argument is based upon the language found in 5 M.R.S. § 191(3), The Attorney General or a deputy, assistant or staff attorney shall appear for the State, the head of any state department, the head of any state institution and agencies of the State in all civil…”
Show all 15 citing cases →
— Me. Rev. Stat. tit. 5, § 191(1) — 2 cases
Opinion of the Justices of the Supreme Jud. Court, 2015 ME 27 (Me. 2015). “I seek your advice upon important questions of law regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General pursuant to Article V, Part First, Section I, Article V, Part First, Section 12, and Article IX, Section 11…”
Maine Mun. Ass'n v. Mayhew, 64 F. Supp. 3d 251 (D. Me. 2014). “See 5 M.R.S. § 191(1) (“The Attorney General is the executive head of the Department of the Attorney General”).”
— Me. Rev. Stat. tit. 5, § 191(3) — 2 cases
Opinion of the Justices of the Supreme Jud. Court, 2015 ME 27 (Me. 2015). “I seek your advice upon important questions of law regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General pursuant to Article V, Part First, Section I, Article V, Part First, Section 12, and Article IX, Section 11…”
Governor LePage v. Attorney Gen. Mills (Me. Super. Ct 2017). “The Governor's argument is based upon the language found in 5 M.R.S. § 191(3), The Attorney General or a deputy, assistant or staff attorney shall appear for the State, the head of any state department, the head of any state institution and agencies of the State in all civil…”
— Me. Rev. Stat. tit. 5, § 191(3)(B) — 2 cases
Opinion of the Justices of the Supreme Jud. Court, 2015 ME 27 (Me. 2015). “I seek your advice upon important questions of law regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General pursuant to Article V, Part First, Section I, Article V, Part First, Section 12, and Article IX, Section 11…”
Narowetz v. State of Maine Bd. of Dental Practice (Me. Super. Ct 2020).
— Me. Rev. Stat. tit. 5, § 191(8) — 1 case
Opinion of the Justices of the Supreme Jud. Court, 2015 ME 27 (Me. 2015). “I seek your advice upon important questions of law regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General pursuant to Article V, Part First, Section I, Article V, Part First, Section 12, and Article IX, Section 11…”
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