2016 Indiana Code

Download as PDF IC 4-6 ARTICLE 6. ATTORNEY GENERAL IC 4-6-1 Chapter 1. The Attorney General IC 4-6-1-1 Repealed (Repealed by P.L.4-1988, SEC.4.) IC 4-6-1-2 Creation of office; election; time of taking office Sec. 2. There is created the office of attorney general for the state to be administered by an attorney general who shall be elected under IC 3-10-2-6 by the voters of the state. The term of office of the attorney general is four (4) years, beginning on the second Monday in January after election and continuing until a successor is elected and qualified. (Formerly: Acts 1941, c.109, s.2.) As amended by P.L.5-1986, SEC.11. IC 4-6-1-3 Qualifications; oath; bond Sec. 3. The attorney general shall be a citizen of and duly licensed to practice law in Indiana. Before entering upon the discharge of the duties of the attorney general's office, the attorney general shall take and subscribe an oath of office to be administered to the attorney general in the usual form by any officer authorized to administer oaths; which oath shall be deposited in the office of the secretary of state. The attorney general shall also, previous to entering upon the duties of the office, properly execute and file with the secretary of state the attorney general's bond in the penal sum of fifty thousand dollars ($50,000), payable to the state of Indiana, with surety to the approval of the secretary of state, and conditioned for the faithful discharge of the attorney general's duties as attorney general; the premium on the bond shall be payable from state funds to be appropriated. (Formerly: Acts 1941, c.109, s.3.) As amended by P.L.215-2016, SEC.31. IC 4-6-1-4 Deputies, assistants, clerks, and stenographers; appointment; oath Sec. 4. The attorney general shall have deputies, assistants, clerks, and stenographers as the attorney general considers necessary to promptly and efficiently perform the duties of the attorney general's office, and which shall be selected and appointed by the attorney general; they shall take and subscribe an oath of office to be administered in the usual form by any officer authorized to Indiana Code 2016 administer oaths, which shall be kept on file in the attorney general's office. (Formerly: Acts 1941, c.109, s.4.) As amended by P.L.215-2016, SEC.32. IC 4-6-1-5 Salaries; expenses; seal; administration of oaths; acknowledgments Sec. 5. (a) The salaries of the deputies, assistants, clerks, and stenographers appointed by the attorney general are the reasonable amounts the attorney general may fix and determine, but not exceeding a total amount as will be appropriated therefor. In addition thereto, all expenses incident to the proper performance, including traveling expenses when engaged in the performance of their duties, shall be paid from public funds. (b) The attorney general shall provide an official seal which shall imprint the words "Attorney General, State of Indiana". The attorney general and each of the attorney general's deputies and assistants are authorized to administer oaths and take acknowledgments throughout Indiana. Verifications need not be attested by the official seal. Any acknowledgment shall be attested by the official seal of the attorney general. (Formerly: Acts 1941, c.109, s.5; Acts 1945, c.163, s.1.) As amended by P.L.3-1989, SEC.16. IC 4-6-1-6 Rights, powers, and duties; consultation and advice to prosecuting attorneys; assisting in criminal prosecutions; representation of state Sec. 6. All the rights, powers, and duties conferred by law upon the attorney general are conferred upon the attorney general created by this chapter; in addition thereto, the attorney general shall consult with and advise the several prosecuting attorneys of the state in relation to the duties of their office, and when, in the attorney general's judgment, the interest of the public requires it, the attorney general shall attend the trial of any party accused of an offense, and assist in the prosecution; and shall represent the state in any matter involving the rights or interests of the state, including actions in the name of the state, for which provision is not otherwise made by law. (Formerly: Acts 1941, c.109, s.6.) As amended by Acts 1978, P.L.2, SEC.402; P.L.215-2016, SEC.33. Indiana Code 2016

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