§ 54-12-01 — Attorney general - Duties (Retroactive application - See note)

North Dakota § 54-12-01

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-12: Attorney General

Text

The attorney general shall:
1. Appear for and represent the state before the supreme court in all cases in which the
state is interested as a party.
2. Institute and prosecute all actions and proceedings in favor or for the use of the state
which may be necessary in the execution of the duties of any state officer.
3. Appear and defend all actions and proceedings against any state officer in the attorney
general's official capacity in any of the courts of this state or of the United States. If
both parties to an action are state officers, the attorney general may determine which
officer the attorney general will represent and the other officer may employ counsel to
represent that other officer.
4. Consult with and advise the several state's attorneys in matters relating to the duties of
their office.
5. Attend the trial of any party accused of crime and assist in the prosecution when in the
attorney general's judgment the interests of the state require it.
6. Consult with and advise the governor and all other state officers and when requested
give written opinions on all legal or constitutional questions relating to the duties of
such officers respectively.
7. Prepare, when necessary, proper drafts for contracts and other writings relating to
subjects in which the state is interested.
8. a. Give written opinions, when requested by a member of the legislative assembly,
upon legal questions unless the request:
(1) Requires the attorney general to make a factual determination;
(2) Involves the constitutionality of a statute;
(3) Concerns the internal operation or management of the judicial branch of
government;
(4) Is likely to be or presently is pending before a court or a court has ruled on
the issue;
(5) Provides private legal advice; or
(6) Involves matters regarding whether a criminal offense has occurred.
b. If the attorney general declines to issue an opinion for a reason in subdivision a,
the attorney general shall inform the individual who requested the opinion in a
written response within sixty days of the request.
9. Enforce the proper application of funds appropriated to the public institutions of the
state and prosecute breaches of trust in the administration of such funds.
10. Prosecute corporations and limited liability companies, when necessary, for failure or
refusal to make the reports required by law.
11. Keep in proper books a register of all cases prosecuted or defended by the attorney
general or the attorney general's assistants, in behalf of this state or its officers, and of
all proceedings had in relation thereto, including a record of all actions wherein the
state is a party, or is interested, prosecuted by the state's attorneys of the several
counties and reported to the attorney general as provided by law, and deliver the same
to the attorney general's successor in office.
12. Keep in the attorney general's office a book in which the attorney general shall record
all the official opinions given by the attorney general during the attorney general's term
of office, such book to be delivered by the attorney general to the attorney general's
successor in office.
13. Pay into the state treasury all moneys received by the attorney general for the use of
the state.
14. Serve as superintendent of the bureau of criminal investigation and perform all duties
incident to the proper and efficient conduct of that office.
15. Attend to and perform any other duties which from time to time may be required by
law.

16. Give written opinions, when requested by the governing body or city attorney of a city
in the state of North Dakota.
17. Repealed by S.L. 1991, ch. 637, § 9.
18. Give written opinions to public entities as defined in subdivision a or b of subsection 13
of section 44-04-17.1, when requested by an interested person under section
44-04-21.1.