§ 41-193 — Department of law; composition; powers and duties

Arizona § 41-193

• Jurisdiction: Arizona
• Title 41: Arizona Revised Statutes
• Ch. 1: EXECUTIVE OFFICERS
• Art. 5: The Attorney General and the Department of Law

Text

A. The department of law shall be composed of the attorney general and the subdivisions of the department created as provided in this article. Unless otherwise provided by law the department shall:

1. Prosecute and defend in the supreme court all proceedings in which this state or an officer of this state in the officer's official capacity is a party.

2. At the direction of the governor or, alternatively, if deemed necessary by the attorney general, prosecute and defend any proceeding in a state court other than the supreme court in which this state or an officer of this state is a party or has an interest.

3. Represent this state in any action in a federal court, the cost thereof and the expenses of the attorney general incurred therein to be a charge against this state.

4. Exercise supervisory powers over county attorneys of the several counties in matters pertaining to that office and require reports relating to the public business thereof.

5. At the direction of the governor, or if deemed necessary, assist the county attorney of any county in the discharge of the county attorney's duties.

6. Maintain a docket of all proceedings in which the attorney general is required to appear, showing the condition thereof, the proceedings therein, the proceedings subsequent to judgment and the reasons for any delay of execution.

7. On demand by the legislature, either house of the legislature or any member of the legislature, any public officer of this state or a county attorney, render a written opinion on any question of law relating to their offices. These opinions are public records.

8. On demand by the legislature, either house of the legislature or any member of the legislature pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona, review an executive order issued by the president of the United States that has not been affirmed by a vote of Congress and signed into law as prescribed by the Constitution of the United States to determine the constitutionality of the executive order and whether this state should seek an exemption from the application of the executive order or seek to have the order declared to be an unconstitutional legislative authority by the president.

9. Perform other duties prescribed by law.

B. The department of law, in the name of this state and under the direction of the governor, shall purchase property offered for sale under execution issued on a judgment in favor of or for the use of this state, and shall enter satisfaction, wholly or in part, of the judgment as consideration for the purchase. If the property of the judgment debtor has been sold under a prior judgment or is subject to a prior judgment, lien or encumbrance, the department of law, under direction of the governor, shall redeem the property from the prior judgment, lien or encumbrance. All money necessary for the redemption shall, on the order of the governor, be paid from money appropriated for such purpose.

C. The department of law shall institute investigations for discovery of property that may have escheated or would escheat to this state, and for such purpose may require any person before the superior court to answer investigations, produce books and render accounts relating to the property. The department may institute action in the superior court in the county in which the property is located for recovery of escheats or may require the county attorney to conduct such proceedings.