15.020 Chief law officer and adviser -- Duty to attend to litigation, write opinions,

420 words·~2 min read·/ky/15-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

draft writings -- Communication with Legislative Research Commission --

When to appear for Commonwealth -- Constitutional challenge may be

brought in any county.

(1)The Attorney General is the chief law officer of the Commonwealth of Kentucky

and all of its departments, commissions, agencies, and political subdivisions, and

the legal adviser of all state officers, departments, commissions, and agencies, and

when requested in writing shall furnish to them his or her written opinion touching

any of their official duties, and shall prepare proper drafts of all instruments of

writing required for public use, and shall exercise all common law duties and

authority pertaining to the office of the Attorney General under the common law,

except when modified by statutory enactment.

(2)The Attorney General shall communicate with the Legislative Research

Commission as required by KRS 418.075.

(3)Except as otherwise provided in KRS 48.005 and 2000 Ky. Acts ch. 483, sec. 8, the

Attorney General shall appear for the Commonwealth in all cases in the Supreme

Court or Court of Appeals wherein the Commonwealth is interested, and shall also

commence all actions or enter an appearance in all cases, hearings, and proceedings

in and before all other courts, tribunals, or commissions in or out of the state, and

attend to all litigation and legal business in or out of the state required of the office

by law, or in which the Commonwealth has an interest, and any litigation or legal

business that any state officer, department, commission, or agency may have in

connection with, or growing out of, his, her, or its official duties, except where it is

made the duty of the Commonwealth's attorney or county attorney to represent the

Commonwealth. When any attorney is employed for any said agency, the same shall

have the approval of such agency before such employment.

(4)Notwithstanding any other statute or provision to the contrary, the Attorney General

may bring any action challenging the constitutionality of a Kentucky statute,

executive order, administrative regulation, or order of any cabinet, program cabinet,

or department under KRS Chapter 12. The action may be brought in any county

where the alleged constitutional harm has occurred or could be reasonably

presumed to occur.

(5)If any funds of any kind or nature whatsoever are recovered by or on behalf of the

Commonwealth, in any action, including an ex rel. action where the Attorney

General has entered an appearance or is a party according to statutory or common

law authority, those funds shall be handled under KRS 48.005.