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Oregon Revised Statutes

Or. Rev. Stat. § 180.060 (2026)

Powers and duties of Attorney General

✓ current as of May 2026
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      180.060 Powers and duties of Attorney General. (1) The Attorney General shall:

      (a) Appear for the state in the trial of all civil and criminal causes in the Supreme Court or the Court of Appeals in which the state may be directly or indirectly interested.

      (b) Appear for the state, when required by the Governor or the legislature, in any court or tribunal in any cause in which the state is a party or in which the state is directly interested.

      (c) Appear, commence, prosecute or defend for the state all causes or proceedings in the Supreme Court or the Court of Appeals in which the state is a party or interested.

      (d) Appear, commence, prosecute or defend any action, suit, matter, cause or proceeding in any court when requested by any state officer, board or commission when, in the discretion of the Attorney General, the same may be necessary or advisable to protect the interests of the state.

      (2) The Attorney General shall give opinion in writing, when requested, upon any question of law in which the State of Oregon or any public subdivision of the state may have an interest, submitted to the Attorney General by the Governor, any officer, agency, department, board or commission of the state or any member of the legislature.

      (3)(a) Except as provided in paragraph (b) of this subsection and subsection (4) of this section, the Attorney General may not render opinions or give legal advice to persons other than the state officers listed in subsection (2) of this section.

      (b) The Attorney General may, at the request of a state officer listed in subsection (2) of this section, render an opinion to an officer, agency or instrumentality of the federal government if the Attorney General determines that providing the opinion is necessary to meet a condition for assumption by the state of administrative or enforcement responsibilities under federal law.

      (4) The Attorney General may represent the state or any agency or officer of the state who appears as the lead plaintiff or a representative party in a class action involving a claim relating to a security, as defined in ORS 59.015, even if one or more members are persons that the Attorney General may not otherwise represent or advise pursuant to this section.

      (5) The Attorney General shall consult with, advise and direct the district attorneys in all criminal causes and matters relating to state affairs in their respective counties. The Attorney General may require their aid and assistance in all matters pertaining to the duties of the Attorney General in their respective counties and may, in any case brought to the Supreme Court or the Court of Appeals from their respective counties, demand and receive assistance of the district attorney from whose county such case or matter is brought.

      (6) The Attorney General shall, when requested, perform all legal services for the state or any department or officer of the state.

      (7) The Attorney General shall have all the power and authority usually appertaining to such office and shall perform the duties otherwise required of the Attorney General by law.

      (8) The Attorney General shall assign to each agency, department, board or commission an assistant who shall be the counsel responsible for ensuring the performance of the legal services requested by the agency, department, board or commission. The counsel shall be a person trained in the law concerning such agency, department, board or commission and shall be approved by the chief administrator of the agency, department, board or commission. The chief administrator may not unreasonably withhold approval of the assistant. If the chief administrator withdraws approval, the Attorney General shall assign replacement counsel to the agency, department, board or commission.

      (9) The Attorney General may not appear in an action, suit, matter, cause or proceeding in a court or before a regulatory body on behalf of an officer, agency, department, board or commission without the consent of the officer, agency, department, board or commission.

      (10) The responsibility for establishing policies for each agency, department, board or commission shall rest upon the chief administrator of the agency, department, board or commission. [Amended by 1971 c.418 §1; 1999 c.142 §1; 2007 c.153 §1]

Notes of Decisions
Cited in 33 cases (5 in the last 5 years), 1957–2026 · leading case: Frohnmayer v. State Accident Ins. Fund Corp., 660 P.2d 1061 (Or. 1983).
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Frohnmayer v. State Accident Ins. Fund Corp., 660 P.2d 1061 (Or. 1983). · cites it 5× “ORS 180.060 describes in a general way the duties of the Attorney General.”
State Ex Rel. Fidanque v. Paulus, 688 P.2d 1303 (Or. 1984). · cites it 4× “060(2) upon any question of law upon which the State of Oregon may have an interest, or subsection (5) of ORS 180.060 wherein "the Attorney General shall, when requested, perform all legal services for the State or any department or officer of the State.”
Davidson v. Oregon Gov't Ethics Comm'n, 712 P.2d 87 (Or. 1985). · cites it 4× “COMMISSION NOT ESTOPPED TO ASSERT STATUTORY VIOLATION Davidson contends that he is entitled to rely on the advice of SAIF's General Counsel as state "legal services," under ORS 180.060, [2] advising Davidson of the propriety of the transaction.”
Marteeny v. Brown, 517 P.3d 343 (Or. Ct. App. 2022). · cites it 2× ““* * * * * “(4) The power conferred by this section, ORS 180.060 [(powers and duties of Attorney General)], 180.”
Ellis v. Roberts, 725 P.2d 886 (Or. 1986). · cites it 2× “060(2) upon any question of law upon which the State of Oregon may have an interest, or subsection (5) of ORS 180.060 wherein ‘the Attorney General shall, when requested, perform all legal services for the State or any department or officer of the State.”
Vasquez-Lopez v. Beneficial Oregon, Inc., 152 P.3d 940 (Or. Ct. App. 2007). “See ORS 180.060. Nor has an Oregon appellate court held that either the Unfair Trade Practices Act, ORS 646.”
Brown v. Oregon State Bar, 648 P.2d 1289 (Or. 1982). “39 Op Atty Gen 431 (1978); ORS 180.060, 180.220. The defendant, through its legal ethics committee, considered whether such ex parte advice was unethical under the disciplinary rules of this court.”
Cooper v. Eugene Sch. Dist. No. 4J, 723 P.2d 298 (Or. 1986). “ORS 180.060(2). We do not in this opinion pursue Cooper’s contention in the Court of Appeals with respect to the compatibility of ORS 342.”
Teledyne Wah Chang Albany v. Powell, 724 P.2d 319 (Or. 1986). · cites it 3× “It is less than clear that the committee appointed to draft the challenged explanatory statement is a public body which the Attorney General may represent pursuant to ORS 180.060. Nevertheless the Attorney General chooses to appear pursuant to ORS 180.”
Payless Drug Stores Nw. v. Brown, 708 P.2d 1143 (Or. 1985). “110 (requiring service on Attorney General in declaratory judgment challenges to a statute) and ORS 180.060(l)(a) (directing Attorney General to appear in appellate courts in the “trial” of causes in which the state may be directly or indirectly interested), although the present…”
Old Carco LLC v. Kroger (In Re Old Carco LLC), 442 B.R. 196 (S.D.N.Y. 2010). · cites it 2× “" Or.Rev.Stat. § 180.060(1)(d) (emphasis added).”
Nw. Pac. Indem. Co. v. Junction City Water Control Dist., 668 P.2d 1206 (Or. 1983). “1 ORS 180.060(5) as it existed between 1961 and 1966 authorized the Attorney General to prepare legal forms and contracts for the state upon request by the department concerned.”
Show all 33 citing cases →
— Or. Rev. Stat. § 180.060(1) — 3 cases
Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984).
Teledyne Wah Chang Albany v. Powell, 724 P.2d 319 (Or. 1986). “It is less than clear that the committee appointed to draft the challenged explanatory statement is a public body which the Attorney General may represent pursuant to ORS 180.060. Nevertheless the Attorney General chooses to appear pursuant to ORS 180.”
Eggsman v. State Bd. of Parole, 653 P.2d 1277 (Or. Ct. App. 1982).
— Or. Rev. Stat. § 180.060(1)(c) — 2 cases
Ferrara v. Riley, 724 P.2d 315 (Or. 1986).
City of Pendleton v. Elk, 905 P.2d 237 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 180.060(1)(d) — 2 cases
Old Carco LLC v. Kroger (In Re Old Carco LLC), 442 B.R. 196 (S.D.N.Y. 2010). “" Or.Rev.Stat. § 180.060(1)(d) (emphasis added).”
Rayfield (D. Or. 2026).
— Or. Rev. Stat. § 180.060(2) — 5 cases
State Ex Rel. Fidanque v. Paulus, 688 P.2d 1303 (Or. 1984). “060(2) upon any question of law upon which the State of Oregon may have an interest, or subsection (5) of ORS 180.060 wherein "the Attorney General shall, when requested, perform all legal services for the State or any department or officer of the State.”
Cooper v. Eugene Sch. Dist. No. 4J, 723 P.2d 298 (Or. 1986). “ORS 180.060(2). We do not in this opinion pursue Cooper’s contention in the Court of Appeals with respect to the compatibility of ORS 342.”
Ellis v. Roberts, 725 P.2d 886 (Or. 1986). “060(2) upon any question of law upon which the State of Oregon may have an interest, or subsection (5) of ORS 180.060 wherein ‘the Attorney General shall, when requested, perform all legal services for the State or any department or officer of the State.”
Bear Creek Valley Sanitary Auth. Ex Rel. Bashaw v. Hopkins, 631 P.2d 808 (Or. Ct. App. 1981).
Stephens v. Dep't of State Police, 526 P.2d 1043 (Or. Ct. App. 1974).
— Or. Rev. Stat. § 180.060(4) — 3 cases
Old Carco LLC v. Kroger (In Re Old Carco LLC), 442 B.R. 196 (S.D.N.Y. 2010). “" Or.Rev.Stat. § 180.060(1)(d) (emphasis added).”
Thornton v. Johnson, 453 P.2d 178 (Or. 1969).
S. Pac. Transp. Co. v. Redden, 458 F. Supp. 593 (D. Or. 1978).
— Or. Rev. Stat. § 180.060(5) — 4 cases
Davidson v. Oregon Gov't Ethics Comm'n, 712 P.2d 87 (Or. 1985). “COMMISSION NOT ESTOPPED TO ASSERT STATUTORY VIOLATION Davidson contends that he is entitled to rely on the advice of SAIF's General Counsel as state "legal services," under ORS 180.060, [2] advising Davidson of the propriety of the transaction.”
Marteeny v. Brown, 517 P.3d 343 (Or. Ct. App. 2022). ““* * * * * “(4) The power conferred by this section, ORS 180.060 [(powers and duties of Attorney General)], 180.”
Frohnmayer v. State Accident Ins. Fund Corp., 660 P.2d 1061 (Or. 1983). “ORS 180.060 describes in a general way the duties of the Attorney General.”
Nw. Pac. Indem. Co. v. Junction City Water Control Dist., 668 P.2d 1206 (Or. 1983). “1 ORS 180.060(5) as it existed between 1961 and 1966 authorized the Attorney General to prepare legal forms and contracts for the state upon request by the department concerned.”
— Or. Rev. Stat. § 180.060(8) — 1 case
Frohnmayer v. State Accident Ins. Fund Corp., 660 P.2d 1061 (Or. 1983). “ORS 180.060 describes in a general way the duties of the Attorney General.”
— Or. Rev. Stat. § 180.060(9) — 1 case
Eggsman v. State Bd. of Parole, 653 P.2d 1277 (Or. Ct. App. 1982).
— Or. Rev. Stat. § 180.060(l)(a) — 2 cases
Payless Drug Stores Nw. v. Brown, 708 P.2d 1143 (Or. 1985). “110 (requiring service on Attorney General in declaratory judgment challenges to a statute) and ORS 180.060(l)(a) (directing Attorney General to appear in appellate courts in the “trial” of causes in which the state may be directly or indirectly interested), although the present…”
Marquam Inv. Corp. v. Beers, 627 P.2d 491 (Or. Ct. App. 1981).
— Or. Rev. Stat. § 180.060(l)(c) — 2 cases
Teledyne Wah Chang Albany v. Powell, 724 P.2d 319 (Or. 1986). “It is less than clear that the committee appointed to draft the challenged explanatory statement is a public body which the Attorney General may represent pursuant to ORS 180.060. Nevertheless the Attorney General chooses to appear pursuant to ORS 180.”
Ferrara v. Riley, 724 P.2d 315 (Or. 1986).
— Or. Rev. Stat. § 180.060(l)(d) — 1 case
State v. Coleman, 886 P.2d 28 (Or. Ct. App. 1994).
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