2021 Kentucky Revised Statutes Chapter 15 - Department of law 15.020 Chief law officer and adviser -- Duty to attend to litigation, write opinions, draft writings -- Communication with Legislative Research Commission -- When to appear for Commonwealth -- Constitutional challenge may be brought in any county.
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15.020 Chief law officer and adviser -- Duty to attend to litigation, write opinions,
draft writings -- Communication with Legislative Research Commission -When to appear for Commonwealth -- Constitutional challenge may be
brought in any county.
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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.
The Attorney General shall communicate with the Legislative Research
Commission as required by KRS 418.075.
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.
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.
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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 173, sec. 2, effective June 29, 2021. -- Amended
2012 Ky. Acts ch. 110, sec. 8, effective April 11, 2012. -- Amended 2000 Ky. Acts
ch. 483, sec. 2, effective April 21, 2000. -- Amended 1996 Ky. Acts ch. 202, sec. 1,
effective July 15, 1996. -- Amended 1976 Ky. Acts ch. 62, sec. 7. -- Amended 1944
Ky. Acts ch. 7, sec. 1. -- Amended 1942 Ky. Acts ch. 106, sec. 4. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 112-1, 1125, 2711a-159.
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