41-193

41-193. Department of law; composition; powers
and duties

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 the state or
an officer thereof in his official capacity is a party.

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

3. Represent the 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 the 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 when 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. Upon demand by the legislature, or either house or any member thereof, any
public officer of the state or a county attorney, render a written opinion upon any
question of law relating to their offices. Such opinions shall be public records.

8. Perform other duties prescribed by law.

B. The department of law, in the name of the state and under the direction of the
governor, shall purchase property offered for sale under execution issued upon a judgment
in favor of or for the use of the state, and shall enter satisfaction, wholly or in part,
of such 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, upon 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
which may have escheated or would escheat to the 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 of the county in which the property is located for recovery of escheats, or may
require the county attorney to conduct such proceedings.