Miss. Code Ann. § 7-5-1

Qualifications, election, and duties

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The Attorney General provided for by Section 173 of the Mississippi Constitution shall be elected at the same time and in the same manner as the Governor is elected. His term of office shall be four (4) years and his compensation shall be fixed by the Legislature. He shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. No arm or agency of the state government shall bring or defend a suit against another arm or agency without prior written approval of the Attorney General. He shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest. He shall intervene and argue the constitutionality of any statute when notified of a challenge thereto, pursuant to the Mississippi Rules of Civil Procedure. His qualifications for office shall be as provided for chancery and circuit judges in Section 154 of the Mississippi Constitution.

Codes, 1930, § 3655; 1942, § 3826; Laws, 1930, ch. 154; Laws, 1970, ch. 348, § 1; Laws, 1991, ch. 573, § 3; Laws, 2012, ch. 546, § 1, eff. 7/1/2012.

Notes of Decisions

Cited in 38 cases (3 in the last 5 years), 1975–2026 · leading case: Board of Trustees of State IHL v. Ray

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Board of Trustees of State IHL v. Ray (2002) miss · cites it 2× “We hold that Miss.Code Ann. § 7-5-1 (1991) requires consent of the Attorney General prior to filing a suit between state agencies.”

State of Mississippi v. AU Optronics Corporation (2012) ca5 · cites it 2× “Although the relevant statutory provision does not appear on the face of the complaint, we note that Mississippi law gives the state attorney general “powers at common law.”

Federal Trade Commission v. Mylan Laboratories, Inc. (2002) dcd “Law § 11-209; Miss.Code Ann. §§ 7-5-1, 75-21-37, 75-21-39, and 75-24-1; N.”

Frazier v. State by and Through Pittman (1987) miss “" Under our appellate procedure of pronouncing principles of law no further than necessary to settle the facts of a particular case, we must also conclude, as did the chancellor, that it would be a serious blow to our State if we did not resolve the issues raised by the Ethics…”

The Honorable Cliff Finch, Governor of the State of Mississippi v. Mississippi State Medical Association, Inc. (1978) ca5 “Miss.Code Ann. § 7-5-1. Governor Finch did not request the Attorney General to bring this suit; nor did he seek the written approval of the Attorney General before bringing suit against “another arm or agency” of the state government.”

Jones County School District v. Mississippi Department of Revenue (2013) miss “See Miss. Code Ann. § 7-5-1 (Rev.2002). . In its motion for summary judgment, Eagle included an affidavit by its vice president, who represented that Eagle did not hold leases on sixteenth-section lands in Jones County.”

Campaign for Southern Equality v. Bryant (2014) mssd “” Miss.Code Ann. § 7-5-1; see Kennington-Saenger Theatres v.”

City of Canton v. Nissan North America, Inc. (2012) mssd “5], Rule 24(b)(2)(a) of the Federal Rules of Civil Procedure establishes that a court "may permit a federal or state governmental officer or agency to intervene if a party's claim or defense is based on a statute or executive order administered by the officer or agency[J” See…”

Harvey Williams, Jr. v. State of Mississippi (2014) miss · cites it 4× “” Miss. Code Ann. § 7-5-1 (Rev. 2014) (emphasis added).”

In re Diamond Foods, Inc., Securities Litigation (2012) cand “” Miss.Code Ann. § 7-5-1. Whereas here, the institutional investor is a state agency, the presumptively most adequate lead-plaintiff candidate has significant experience in securities litigation, and the Attorney General’s Office, whose authority to manage litigation is derived…”

Darold L. Rutland v. Mike Moore, Attorney General of the State of Mississippi (1995) ca5 “Miss. Code Ann. § 7-5-1 . In addition to his two deputies, id.”

Hudson v. Moon (1999) miss “Miss.Code Ann. § 7-5-1 (1991) requires the State Attorney General to intervene and argue the constitutionality of any statute when notified of a challenge thereto, and'M.”

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