Tennessee Code Annotated
Tenn. Code Ann. § 8-6-302 (2026)
Permission for department or agency attorneys to represent state
✓ current as of May 2026
The attorney general and reporter, exercising discretion and with the concurrence of the head of the executive agency involved, may permit, by express written authorization, staff attorneys employed by the various departments, agencies, boards, commissions or instrumentalities of the state to appear and represent the state in a certain case or certain classes of cases under the direction and control of the attorney general and reporter.
Acts 1951, ch. 20, § 3 (Williams, § 642.8); T.C.A. (orig. ed.), § 8-625; Acts 1979, ch. 422, § 4; T.C.A. (orig. ed.), § 8-624.
Notes of Decisions
Cited in 2
cases, 2018–2019 · leading case: State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019).
State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019). “In the Slatery Letter, the Attorney General declined to file suit, and then stated that, "to the extent allowed by Tennessee law," he delegated his constitutional and statutory authority "to commence litigation on behalf of the State of Tennessee to staff counsel for the General…”
Tennessee v. U.S. Dep't of State, 329 F. Supp. 3d 597 (W.D. Tenn. 2018). “Tenn. Code Ann. § 8-6-302 . This statute permits delegation of the Attorney General's authority only to an executive agency and only under the Attorney General's direction.”
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