§ 3-125 — Duties of Attorney General; deputy; assistants; associate attorneys general.

Connecticut § 3-125

• Jurisdiction: Connecticut
• Title 3: State Elective Officers
• Ch. 35: Attorney General

Text

The Attorney General shall appoint a deputy, who shall be sworn to the faithful discharge of his duties and shall perform all the duties of the Attorney General in case of his sickness or absence. He shall appoint such other assistants as he deems necessary, subject to the approval of the Governor. The Attorney General may also appoint not more than four associate attorneys general who will serve at the pleasure of the Attorney General and will be exempt from the classified service. The Attorney General shall have general supervision over all legal matters in which the state is an interested party, except those legal matters over which prosecuting officers have direction. He shall appear for the state, the Governor, the Lieutenant Governor, the Secretary, the Treasurer and the Comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, committees, auditors, chemists, directors, harbor masters, and institutions and for the State Librarian and the Connecticut Pilot Commission in all suits and other civil proceedings, except upon criminal recognizances and bail bonds, in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question, and for all members of the state House of Representatives and the state Senate in all suits and other civil proceedings brought against them involving their official acts and doings in the discharge of their duties as legislators, in any court or other tribunal, as the duties of his office require; and all such suits shall be conducted by him or under his direction. When any measure affecting the State Treasury is pending before any committee of the General Assembly, such committee shall give him reasonable notice of the pendency of such measure, and he shall appear and take such action as he deems to be for the best interests of the state, and he shall represent the public interest in the protection of any gifts, legacies or devises intended for public or charitable purposes. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the Attorney General or under his direction. All writs, summonses or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such officers shall be brought by the Attorney General or under his direction. He shall, when required by either house of the General Assembly or when requested by the president pro tempore of the Senate, the speaker of the House of Representatives, or the majority leader or the minority leader of the Senate or House of Representatives, give his opinion upon questions of law submitted to him by either of said houses or any of said leaders. He shall advise or give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. He may procure such assistance as he may require. Whenever a trustee, under the provisions of any charitable trust described in section 45a-514, is required by statute to give a bond for the performance of his duties as trustee, the Attorney General may cause a petition to be lodged with the probate court of the district in which such trust property is situated, or where any of the trustees reside, for the fixing, accepting and approving of a bond to the state, conditioned for the proper discharge of the duties of such trust, which bond shall be filed in the office of such probate court. The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from time to time, update the same.

Legislative History

(1949 Rev., S. 212; 1971, P.A. 829; P.A. 76-291; P.A. 83-464, S. 4, 5; 83-548, S. 1, 3; P.A. 84-546, S. 153, 173; P.A. 88-312; P.A. 00-99, S. 19, 154; P.A. 21-179, S. 5.) History: 1971 act required attorney general to issue and update cross-index of legal opinions; P.A. 76-291 required attorney general to represent general assembly members in proceedings brought against them concerning their official acts as legislators; P.A. 83-464 provided the attorney general shall appear for the high sheriffs or their chief deputies except in matters for which they are insured or required to be insured by statute; P.A. 83-548 added provision re appointment of four associate attorneys general; P.A. 84-546 made technical change, referring to divisions of general assembly as “houses” rather than “branches”; P.A. 88-312 required attorney general to give an opinion on questions of law when requested by president pro tempore of senate, speaker of house of representatives or majority or minority leader of senate or house; P.A. 00-99 deleted references to high sheriffs or their chief deputies, effective December 1, 2000; P.A. 21-179 added “and the Connecticut Pilot Commission”, effective July 12, 2021. Cited. 98 C. 112. Scope of duties in enforcing charitable gifts. 102 C. 422. In case of public charitable trust, Attorney General or trustees, and not beneficiaries, are proper parties to appeal from acceptance of final account of administrator. 106 C. 591. Cited. 115 C. 560. In suit to terminate private trust, joinder of Attorney General as defendant is not adequate representation of unborn parties in interest. 125 C. 649. Cited. 133 C. 91. Assistants appointed under section are to assist Attorney General in performance of general duties. Id., 342. Failure of trustees to apply standard of public interest provided by testatrix was an abuse of discretion. 139 C. 612. Attorney General properly a party in action to terminate testamentary trust and to substitute compromise agreement as charitable bequests were involved. 145 C. 634. Cited. 151 C. 517; 152 C. 591; 154 C. 683. Attorney General represents public interest in protecting charitable dispositions and was proper party defendant where educational trust was challenged. 157 C. 265. Cited. 158 C. 439. Failure to join Attorney General in action for declaratory judgment concerning charitable funds is jurisdictional defect. 160 C. 557. Cited. 161 C. 312; 164 C. 548; 166 C. 21. An Attorney General's opinion, previously rendered on a question of law, which has now come before the court, is entitled to careful consideration and generally regarded as highly persuasive, but is not binding. Id., 113. Attorney General must, under section, represent the public interest as a necessary party in any litigation involving a public trust. 172 C. 496. Cited. 174 C. 308; 179 C. 62; Id., 198; 187 C. 109; 217 C. 404; 234 C. 539; 243 C. 1. Cited. 41 CA 790; 43 CA 365. Attorney General properly a party in an action seeking injunction against demolition of memorial bridges built with charitable gifts. 16 CS 229. Cited. 17 CS 320. Attorney General may file motion for contempt for failure to obey a court order for support of children and motion for order increasing amount where state has paid substantial sums in aid to dependent children. 19 CS 214. Cited. 26 CS 384. Attorney General is representative of public interest in protection of trusts for charitable uses. Id., 394. Cited. 27 CS 484; 28 CS 244; Id., 469; 30 CS 87; 37 CS 50; 39 CS 80; 40 CS 116.