CHAPTER 2. POWERS AND DUTIES
IC 4-6-2
Chapter 2. Powers and Duties
IC 4-6-2-1
Prosecuting and defending suits by or against state and stateofficers
Sec. 1. Such attorney-general shall prosecute and defend all suitsthat may be instituted by or against the state of Indiana, theprosecution and defense of which is not otherwise provided for bylaw, whenever he shall have been given ten (10) days' notice of thependency thereof by the clerk of the court in which such suits arepending, and whenever required by the governor or a majority of theofficers of state, in writing, to be furnished him within a reasonabletime; and he shall represent the state in all criminal cases in theSupreme Court, and shall defend all suits brought against the stateofficers in their official relations, except suits brought against themby the state; and he shall be required to attend to the interests of thestate in all suits, actions or claims in which the state is or maybecome interested in the Supreme Court of this state.
(Formerly: Acts 1889, c.71, s.4; Acts 1921, c.85, s.2.)
IC 4-6-2-1.1
Concurrent jurisdiction with prosecuting attorney of certainactions
Sec. 1.1. The attorney general has concurrent jurisdiction with theprosecuting attorney in the prosecution of the following:
(1) Actions in which a person is accused of committing, whilea member of an unlawful assembly as defined in IC 35-45-1-1,a homicide (IC 35-42-1).
(2) Actions in which a person is accused of assisting a criminal(IC 35-44-3-2), if the person alleged to have been assisted is aperson described in subdivision (1) of this section.
(3) Actions in which a sheriff is accused of any offense thatinvolves a failure to protect the life of a prisoner in the sheriff'scustody.
As added by Acts 1977, P.L.26, SEC.1.
IC 4-6-2-1.3
Regulation of athlete agents
Sec. 1.3. The attorney general shall perform all functions, duties,and responsibilities necessary to regulate athlete agents underIC 25-5.2.
As added by P.L.54-2001, SEC.1.
IC 4-6-2-1.5
Suits against state governmental officials or employees andteachers; defense by attorney general
Sec. 1.5. (a) Whenever any state governmental official oremployee, whether elected or appointed, is made a party to a suit,and the attorney general determines that said suit has arisen out of an
act which such official or employee in good faith believed to bewithin the scope of the official's or employee's duties as prescribedby statute or duly adopted regulation, the attorney general shalldefend such person throughout such action.
(b) Whenever a teacher (as defined in IC 20-18-2-22) is made aparty to a civil suit, and the attorney general determines that the suithas arisen out of an act that the teacher in good faith believed waswithin the scope of the teacher's duties in enforcing disciplinepolicies developed under IC 20-33-8-12, the attorney general shalldefend the teacher throughout the action.
(c) Not later than August 15 of each year:
(1) the attorney general shall draft; and
(2) the state superintendent of public instruction shalldisseminate in:
(A) written;
(B) electronic; or
(C) other;
form;
a notice to each teacher concerning the teacher's qualified immunityunder IC 20-33-8-8(b)(3) and rights under this section.
(d) Whenever a school corporation (as defined in IC 20-26-2-4)is made a party to a civil suit and the attorney general determines thatthe suit has arisen out of an act authorized under IC 20-30-5-0.5 orIC 20-30-5-4.5, the attorney general shall defend the schoolcorporation throughout the action.
(e) A determination by the attorney general under subsection (a),(b), or (d) shall not be admitted as evidence in the trial of any suchcivil action for damages.
(f) Nothing in this chapter shall be construed to deprive any suchperson of the person's right to select counsel of the person's ownchoice at the person's own expense.
(Formerly: Acts 1971, P.L.21, SEC.1.) As amended by P.L.16-1990,SEC.1; P.L.1-2005, SEC.56; P.L.78-2005, SEC.1; P.L.121-2009,SEC.1.
IC 4-6-2-2
Authority to prosecute or defend suits
Sec. 2. Such attorney-general shall not, in any case, be required toexhibit to any court his authority for appearing in and conducting theprosecution or defense of any such suit, unless his authority bedenied under oath, in which case his commission shall be all theevidence required.
(Formerly: Acts 1889, c.71, s.5.)
IC 4-6-2-3
Residence; office; presence in office during business hours
Sec. 3. The attorney-general shall reside at Indianapolis, and heshall keep his office in the statehouse; and he shall, on all businessdays, during business hours, be at said office, in person or by deputy,unless engaged in court or elsewhere in the service of the state.(Formerly: Acts 1889, c.71, s.6.)
IC 4-6-2-4
Opinions; records; accounts; pending cases
Sec. 4. It shall be the duty of the attorney-general to keep a recordof all opinions given by him to the governor, the general assembly,or to any of the state officers, and an accurate account of all moneyscollected or received by him, in substantially bound books, and topay over to the proper officer all money collected at the end of eachmonth; and he shall also keep a record of all criminal cases pendingin the Supreme Court, and of all civil cases in which it is his duty toappear.
(Formerly: Acts 1889, c.71, s.7.)
IC 4-6-2-5
Opinions
Sec. 5. The attorney-general shall give his legal opinion to thegovernor upon request, touching upon any question or point of lawin which the interests of the state may be involved. He shall give hisopinion to any other state officer touching upon any question or pointof law concerning the duties of the officer; and also, to either houseof the general assembly or to any legislative agency created pursuantto action of the general assembly, on the constitutionality of anyexisting or proposed law, upon request by resolution of the house orlegislative agency, and he shall not be required to advise any otherofficer or person.
(Formerly: Acts 1889, c.71, s.8; Acts 1959, c.230, s.1.)
IC 4-6-2-6
Collection of costs, licenses, money, fines, penalties, or forfeitures;escheats; reports of money due state
Sec. 6. (a) The attorney general shall ascertain the amounts paidto any person for court costs under IC 33-37, licenses, moneyunclaimed in estates or guardianships, fines, penalties, or forfeitures,or monies that escheat to the state under IC 29-1-2-1 or from anyother source where the money is required to be paid to the state or toany officer in trust for the state. In all cases where an officer requiredto collect the money fails to do so after the cause of action in favorof the state has accrued, or fails to sue for and recover any propertybelonging to or which may escheat to the state, the attorney generalshall institute all necessary proceedings to compel the payment of themoney or recovery of the property. The payment to or collection bythe attorney general of any of the funds does not render an officerliable to an action on the officer's bond by any other officer orperson.
(b) The officers having the custody of the money shall report tothe attorney general, upon oath or affirmation, all facts pertaining toit, upon the attorney general's demand, in person, by deputy orassistants, or in writing.
(c) An officer who fails to render the information upon demand
commits a Class C infraction.
(Formerly: Acts 1889, c.71, s.9.) As amended by Acts 1977, P.L.2,SEC.3; Acts 1978, P.L.2, SEC.403; P.L.192-1986, SEC.2;P.L.305-1987, SEC.2; P.L.98-2004, SEC.46.
IC 4-6-2-7
Repealed
(Repealed by P.L.4-1988, SEC.4.)
IC 4-6-2-8
Reports
Sec. 8. It shall be the duty of the attorney-general to make abiennial report to the governor of the business and condition of hisoffice, and to make a report to the auditor of state at the end of eachfiscal year of all collections made by him and the manner ofdisbursement.
(Formerly: Acts 1889, c.71, s.12.)
IC 4-6-2-9
Reports of officers; money collected by attorney general
Sec. 9. It shall be the duty of any officer or person from whom theattorney-general, or any of his deputies or assistants, shall collect orreceive moneys due the state, to report at once to the auditor of state,on blanks to be furnished by the attorney-general to them, the sum orsums so received or collected, and the character thereof; and theauditor of state is hereby required to keep a record of such reports.
(Formerly: Acts 1889, c.71, s.13.)
IC 4-6-2-10
Law books
Sec. 10. Such law books as the Supreme Court in their judgmentshall deem necessary for use in the attorney-general's office shall bepurchased and paid for out of any money in the treasury nototherwise appropriated.
(Formerly: Acts 1889, c.71, s.14.)
IC 4-6-2-11
Compromise of claims
Sec. 11. No claim in favor of the state shall be compromisedwithout the approval of the governor and attorney-general, and suchofficers are hereby empowered to make such compromise when, intheir judgment, it is the interest of the state so to do.
(Formerly: Acts 1889, c.71, s.15.)