The attorney general shall act as the attorney for all state officers and all boards or commissions created by law in all matters pertaining to their official duties. When requested by the attorney general, it shall be the duty of any county attorney of the state to appear within the county and act as attorney for any such board, commission, or officer in any court of such county. The attorney general may, upon request in writing, employ, and fix the compensation of, a special attorney for any such board, commission, or officer when, in the attorney general's judgment, the public welfare will be promoted thereby. Such special attorney's fees or salary shall be paid from the appropriation made for such board, commission, or officer. Except as herein provided, no board, commission, or officer shall hereafter employ any attorney at the expense of the state.
Whenever the attorney general, the governor, and the chief justice of the supreme court shall certify, in writing, filed in the Office of the Secretary of State, that it is necessary, in the proper conduct of the legal business of the state, either civil or criminal, that the state employ additional counsel, the attorney general shall thereupon be authorized to employ such counsel and, with the governor and the chief justice, fix the additional counsel's compensation. The governor, if in the governor's opinion the public interest requires such action, may employ counsel to act in any action or proceeding if the attorney general is in any way interested adversely to the state. Except as herein stated, no additional counsel shall be employed and the legal business of the state shall be performed exclusively by the attorney general and the attorney general's assistants.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1951–2025 · leading case:
State v. Lemmer, 736 N.W.2d 650 (Minn. 2007).
State v. Lemmer, 736 N.W.2d 650 (Minn. 2007).
· cites it 7× “2 (2006) (establishing that prosecution of DWI offenses is the responsibility of the attorney within the jurisdiction where the offense occurred); Minn.”
State v. Olkon, 299 N.W.2d 89 (Minn. 1980).
· cites it 2× “2, § 8.06 (Vernon 1974); Utah Code Ann. § 76-2-303 (1978).”
281 Care Comm. v. Arneson, 638 F.3d 621 (8th Cir. 2011).
“See Minn.Stat. § 8.06 (the attorney general “shall act as the attorney for all state officers and all boards or commissions created by law in all matters pertaining to their official duties.”
In Re Petition for Disciplinary Action Against Houge, 764 N.W.2d 328 (Minn. 2009).
· cites it 2× “Minn.Stat. § 8.06 (2008) (“The attorney general shall act as the attorney for all state officers and all boards or commissions created by law in all matters pertaining to their official duties.”
Auto Owners Ins. Co. v. Perry, 749 N.W.2d 324 (Minn. 2008).
· cites it 2× “Steenson, Minnesota No-Fault Automobile Insurance § 8.06[2] (3d ed.2007). Combined with the legislature's failure to take any action to change any of these interpretations, the court's contrary reading of the statute is misguided.”
Telescope Media Grp. v. Lindsey, 271 F. Supp. 3d 1090 (D. Minnesota 2017).
· cites it 2× “3d at 632 ; see also Minn. Stat. § 8.06 - (“The attorney general shall act as the attorney for all state officers and all boards or commissions created by law in.”
Kiefer v. Ceridian Corp., 976 F. Supp. 829 (D. Minnesota 1997).
· cites it 2× “) However, he stated that “Although neither Section 8.06(E)(B)(2) nor clause (b) of Exhibit B expressly incorporate the 120% rate, these provisions have been so interpreted and consistently applied at all times.”
Conant v. Robins, Kaplan, Miller & Ciresi, L.L.P., 603 N.W.2d 143 (Minn. Ct. App. 1999).
· cites it 2× “firm from retaining the money it received for costs and attorney fees and requiring it to deposit the funds into the state treasury; (2) imposing a constructive trust on these funds pending final judgment; (3) seeking an immediate accounting of all such money received by the law…”
D.A.B. v. Brown, 570 N.W.2d 168 (Minn. Ct. App. 1997).
“Ass’n, Current Opinions of the Council on Ethical and Judicial Affairs of the American Medical Association — 1986, § 8.06, at 31 (1986) (mandating referrals be made in best interests of patient); see also David Burda, AMA Toughens Guidelines on Physician Self-Referrals, 21 Mod.”
Senske v. Fairmont & Waseca Canning Co., 45 N.W.2d 640 (Minn. 1951).
“§ 8.06. This was further recognized by the legislature with respect to the quasi-judicial duties of the industrial commission when by § 176.”
Bush v. Arrowood, 198 N.W.2d 263 (Minn. 1972).
“” From the face of the statute, it is apparent that § 8.06 applies only to the employment of “house counsel” for various state boards, commissions, or officers; furthermore, the certificate provided by paragraph 2 of the statute was never prepared or executed.”
— Minn. Stat. § 8.06(E)(B)(2) — 1 case
Kiefer v. Ceridian Corp., 976 F. Supp. 829 (D. Minnesota 1997).
“) However, he stated that “Although neither Section 8.06(E)(B)(2) nor clause (b) of Exhibit B expressly incorporate the 120% rate, these provisions have been so interpreted and consistently applied at all times.”
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