§ 1-11-1 — General duties of attorney general.

South Dakota § 1-11-1

• Jurisdiction: South Dakota
• Title 1: STATE AFFAIRS AND GOVERNMENT
• Ch. 1-10: ATTORNEY GENERAL

Text

It is the duty of the attorney general: (1) To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party; (2) When requested by the Governor or either branch of the Legislature, or whenever, in the judgment of the attorney general, the welfare of the state demands, to appear for the state and prosecute or defend, in any court or before any officer, any cause or matter, civil or criminal, in which the state may be a party or interested; (3) To attend to all civil cases remanded by the Supreme Court to the circuit court, in which the state shall be a party or interested; (4) To prosecute, at the request of the Governor, state auditor, or state treasurer, any official bond or contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their departments; (5) To consult with, advise, and exercise supervision over the several state's attorneys of the state in matters pertaining to the duties of their office, and the attorney general shall be authorized and it is made the duty of the office, whenever in the attorney general's judgment any opinion written by the attorney general will be of general interest and value, to mail either written or printed copies of such opinion to the auditor - general and to every state's attorney and county auditor in the state; (6) When requested, to give an opinion in writing, without fee, upon all questions of law submitted to the attorney general by the Legislature or either branch thereof, or by the Governor, auditor, or treasurer; (7) When requested by the state auditor, treasurer, or commissioner of school and public lands, to prepare proper drafts for contracts, forms, and other writings, which may be wanted for use of the state; (8) To report to the Legislature, or either branch thereof, whenever requested, upon any business relating to the duties of the office; (9) To prosecute state officers who neglect or refuse to comply with the provisions of statutes of this state prohibiting officers of the state from accepting any money, fee, or perquisite other than salary for performance of duties connected with the office or paid because of holding such office and the statute requiring issue and delivery and filing of prenumbered duplicate receipts and accounting for money received for the state; (10) To pay into the state treasury all moneys received by the attorney general, belonging to the state, immediately upon the receipt thereof; (11) To prosecute any criminal action that was committed by an inmate under confinement in a facility operated by the Department of Corrections; (12) To attend to and perform any other duties which may from time to time be required by law; and (13) To publish an explanation of the open meeting laws of this state, as found in chapter 1-25 , on the attorney general's website each year before January first.

Legislative History

SDC 1939, § 55.1501; SL 2024, ch 94, § 1; SL 2025, ch 7, § 1.