2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 15 - Attorney General
Article 2 - Department of Law
§ 45-15-35. Power of Governor to Direct Institution of Proceedings and Litigation by Department

The Governor shall have the power to direct the Department of Law, through the Attorney General as head thereof, to institute and prosecute in the name of the state such matters, proceedings, and litigations as he shall deem to be in the best interest of the people of the state.

(Ga. L. 1931, p. 7, § 92; Code 1933, § 40-1610.)

- Duty of Governor to provide for defense of actions against state or other actions involving claim inconsistent with state's sovereignty, jurisdiction, or rights, § 45-12-26.

- For note, "Perdue v. Baker: Who Has the Ultimate Power over Litigation on Behalf of the State of Georgia - the Governor or the Attorney General?," see 21 Ga. St. U.L. Rev. 751 (2005).

JUDICIAL DECISIONS

Litigation over legislative reapportionment.

- As neither the Governor nor the Attorney General of Georgia had the exclusive power to decide the state's interest in litigation, the trial court properly refused the Governor's request to compel the Attorney General to dismiss an appeal to the U.S. Supreme Court filed on behalf of Georgia in a case involving legislative reapportionment under the Voting Rights Ac, 42 U.S.C. § 1973t. Perdue v. Baker, 277 Ga. 1, 586 S.E.2d 606 (2003).

An individual cannot sue personally for the use and benefit of the state. Alexander v. Citizens & S. Nat'l Bank, 212 Ga. 295, 92 S.E.2d 16 (1956).

OPINIONS OF THE ATTORNEY GENERAL

Action to enjoin nuisance.

- This section is sufficient to authorize the Governor to authorize the Law Department through the Attorney General to file a suit to restrain a public nuisance. 1968 Op. Att'y Gen. No. 68-442.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorney General, §§ 1, 9, 10.

- 7A C.J.S., Attorney General, §§ 4, 37.