Tennessee Code Annotated
Tenn. Code Ann. § 8-6-301 (2026)
Representation of state departments and agencies - Supervision of investigations - Office of legal services exempted
✓ current as of May 2026
- (a) The attorney general and reporter, either in person or by assistant, shall represent all offices, departments, agencies, boards, commissions or instrumentalities of the state now in existence or which may hereafter be created. All legal services required by such offices, departments, agencies, boards, commissions or instrumentalities of the state shall be rendered by, or under the direction of, the attorney general and reporter. This section shall not prevent the various offices, departments, agencies, boards, commissions or instrumentalities of the state from employing other attorneys, working solely under the supervision and at the direction of the agency, for the purpose of conducting investigations, advising, consulting, and assisting the office, department, agency, board, commission or instrumentality in the administration of its duties.
- (b) The attorney general and reporter shall direct and supervise all investigations and litigation necessary to the administration of the duties of the various offices, departments, agencies, boards, commissions or instrumentalities of the state, and no such entities shall institute any civil proceeding except through the attorney general and reporter.
- (c) Legal services provided by the office of legal services for the general assembly under title 3, chapter 12, and attorneys employed by such office are exempt from this section. The attorney general and reporter shall not represent such office before the general assembly or any committee thereof, nor shall direct or supervise such office or attorneys employed by such office.
Acts 1951, ch. 20, § 1 (Williams, § 642.8); modified; 1961, ch. 56, § 1; 1979, ch. 422, § 3; T.C.A. (orig. ed.), § 8-623.
Notes of Decisions
Cited in 3
cases, 2001–2019 · leading case: State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001).
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “In addition to the general duty of the Attorney General to represent all state offices, departments, and agencies, Tenn. Code Ann. § 8-6-301 (a), the Attorney General must perform all such other duties as may devolve upon him or her by law.”
State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019). “First, the preceding code section, Tenn. Code Ann. § 8-6-301 (c), expressly states that the Attorney General "shall not" represent the Office of Legal Services for the General Assembly 14 "before the [G]eneral [A]ssembly or any committee thereof, nor shall direct or supervise…”
Hollie Annette v. Haslam (M.D. Tenn. 2019). “Tenn. Code Ann. § 8-6-301 (a). In addition, when a civil action for damages is brought against a state employee for any acts or omissions of the state employee within the scope of that employee’s employment (except for willful, malicious, or criminal acts or acts done for…”
— Tenn. Code Ann. § 8-6-301(a) — 1 case
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “In addition to the general duty of the Attorney General to represent all state offices, departments, and agencies, Tenn. Code Ann. § 8-6-301 (a), the Attorney General must perform all such other duties as may devolve upon him or her by law.”
— Tenn. Code Ann. § 8-6-301(b) — 1 case
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “In addition to the general duty of the Attorney General to represent all state offices, departments, and agencies, Tenn. Code Ann. § 8-6-301 (a), the Attorney General must perform all such other duties as may devolve upon him or her by law.”
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