IC 4-6-2-1 Prosecuting and defending suits by or against state and state
officers
Sec. 1. Such attorney-general shall prosecute and defend all suits
that may be instituted by or against the state of Indiana, the
prosecution and defense of which is not otherwise provided for by
law, whenever he shall have been given ten (10) days' notice of the
pendency thereof by the clerk of the court in which such suits are
pending, and whenever required by the governor or a majority of the
officers of state, in writing, to be furnished him within a reasonable
time; and he shall represent the state in all criminal cases in the
Supreme Court, and shall defend all suits brought against the state
officers in their official relations, except suits brought against them
by the state; and he shall be required to attend to the interests of the
state in all suits, actions or claims in which the state is or may
become 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 certain
actions
Sec. 1.1. The attorney general has concurrent jurisdiction with the
prosecuting attorney in the prosecution of the following:
(1) Actions in which a person is accused of committing, while
a 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 a
person described in subdivision (1) of this section.
(3) Actions in which a sheriff is accused of any offense that
involves a failure to protect the life of a prisoner in the sheriff's
custody. 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 under
IC 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 and
teachers; defense by attorney general
Sec. 1.5. (a) Whenever any state governmental official or
employee, 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 be
within the scope of the official's or employee's duties as prescribed
by statute or duly adopted regulation, the attorney general shall
defend such person throughout such action.
(b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
party to a civil suit, and the attorney general determines that the suit
has arisen out of an act that the teacher in good faith believed was
within the scope of the teacher's duties in enforcing discipline
policies developed under IC 20-33-8-12, the attorney general shall
defend 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 shall
disseminate in:
(A) written;
(B) electronic; or
(C) other;
form;
a notice to each teacher concerning the teacher's qualified immunity
under 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 that
the suit has arisen out of an act authorized under IC 20-30-5-0.5 or
IC 20-30-5-4.5, the attorney general shall defend the school
corporation 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 such
civil action for damages.
(f) Nothing in this chapter shall be construed to deprive any such
person of the person's right to select counsel of the person's own
choice 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 to
exhibit to any court his authority for appearing in and conducting the
prosecution or defense of any such suit, unless his authority be
denied under oath, in which case his commission shall be all the
evidence 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 he
shall keep his office in the statehouse; and he shall, on all business
days, 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 record
of all opinions given by him to the governor, the general assembly,
or to any of the state officers, and an accurate account of all moneys
collected or received by him, in substantially bound books, and to
pay over to the proper officer all money collected at the end of each
month; and he shall also keep a record of all criminal cases pending
in the Supreme Court, and of all civil cases in which it is his duty to
appear. (Formerly: Acts 1889, c.71, s.7.)
IC 4-6-2-5 Opinions
Sec. 5. The attorney-general shall give his legal opinion to the
governor upon request, touching upon any question or point of law
in which the interests of the state may be involved. He shall give his
opinion to any other state officer touching upon any question or point
of law concerning the duties of the officer; and also, to either house
of the general assembly or to any legislative agency created pursuant
to action of the general assembly, on the constitutionality of any
existing or proposed law, upon request by resolution of the house or
legislative agency, and he shall not be required to advise any other
officer 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 paid
to any person for court costs under IC 33-37, licenses, money
unclaimed in estates or guardianships, fines, penalties, or forfeitures,
or monies that escheat to the state under IC 29-1-2-1 or from any
other source where the money is required to be paid to the state or to
any officer in trust for the state. In all cases where an officer required
to collect the money fails to do so after the cause of action in favor
of the state has accrued, or fails to sue for and recover any property
belonging to or which may escheat to the state, the attorney general
shall institute all necessary proceedings to compel the payment of the
money or recovery of the property. The payment to or collection by
the attorney general of any of the funds does not render an officer
liable to an action on the officer's bond by any other officer or
person.
(b) The officers having the custody of the money shall report to
the attorney general, upon oath or affirmation, all facts pertaining to
it, upon the attorney general's demand, in person, by deputy or
assistants, 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 a
biennial report to the governor of the business and condition of his
office, and to make a report to the auditor of state at the end of each
fiscal year of all collections made by him and the manner of
disbursement. (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 the
attorney-general, or any of his deputies or assistants, shall collect or
receive 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 or
sums so received or collected, and the character thereof; and the
auditor 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 judgment
shall deem necessary for use in the attorney-general's office shall be
purchased and paid for out of any money in the treasury not
otherwise 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 compromised
without the approval of the governor and attorney-general, and such
officers are hereby empowered to make such compromise when, in
their judgment, it is the interest of the state so to do. (Formerly: Acts 1889, c.71, s.15.)
IC 4-6-2-1 Prosecuting and defending suits by or against state and state
officers
Sec. 1. Such attorney-general shall prosecute and defend all suits
that may be instituted by or against the state of Indiana, the
prosecution and defense of which is not otherwise provided for by
law, whenever he shall have been given ten (10) days' notice of the
pendency thereof by the clerk of the court in which such suits are
pending, and whenever required by the governor or a majority of the
officers of state, in writing, to be furnished him within a reasonable
time; and he shall represent the state in all criminal cases in the
Supreme Court, and shall defend all suits brought against the state
officers in their official relations, except suits brought against them
by the state; and he shall be required to attend to the interests of the
state in all suits, actions or claims in which the state is or may
become 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 certain
actions
Sec. 1.1. The attorney general has concurrent jurisdiction with the
prosecuting attorney in the prosecution of the following:
(1) Actions in which a person is accused of committing, while
a 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 a
person described in subdivision (1) of this section.
(3) Actions in which a sheriff is accused of any offense that
involves a failure to protect the life of a prisoner in the sheriff's
custody. 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 under
IC 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 and
teachers; defense by attorney general
Sec. 1.5. (a) Whenever any state governmental official or
employee, 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 be
within the scope of the official's or employee's duties as prescribed
by statute or duly adopted regulation, the attorney general shall
defend such person throughout such action.
(b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
party to a civil suit, and the attorney general determines that the suit
has arisen out of an act that the teacher in good faith believed was
within the scope of the teacher's duties in enforcing discipline
policies developed under IC 20-33-8-12, the attorney general shall
defend 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 shall
disseminate in:
(A) written;
(B) electronic; or
(C) other;
form;
a notice to each teacher concerning the teacher's qualified immunity
under 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 that
the suit has arisen out of an act authorized under IC 20-30-5-0.5 or
IC 20-30-5-4.5, the attorney general shall defend the school
corporation 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 such
civil action for damages.
(f) Nothing in this chapter shall be construed to deprive any such
person of the person's right to select counsel of the person's own
choice 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 to
exhibit to any court his authority for appearing in and conducting the
prosecution or defense of any such suit, unless his authority be
denied under oath, in which case his commission shall be all the
evidence 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 he
shall keep his office in the statehouse; and he shall, on all business
days, 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 record
of all opinions given by him to the governor, the general assembly,
or to any of the state officers, and an accurate account of all moneys
collected or received by him, in substantially bound books, and to
pay over to the proper officer all money collected at the end of each
month; and he shall also keep a record of all criminal cases pending
in the Supreme Court, and of all civil cases in which it is his duty to
appear. (Formerly: Acts 1889, c.71, s.7.)
IC 4-6-2-5 Opinions
Sec. 5. The attorney-general shall give his legal opinion to the
governor upon request, touching upon any question or point of law
in which the interests of the state may be involved. He shall give his
opinion to any other state officer touching upon any question or point
of law concerning the duties of the officer; and also, to either house
of the general assembly or to any legislative agency created pursuant
to action of the general assembly, on the constitutionality of any
existing or proposed law, upon request by resolution of the house or
legislative agency, and he shall not be required to advise any other
officer 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 paid
to any person for court costs under IC 33-37, licenses, money
unclaimed in estates or guardianships, fines, penalties, or forfeitures,
or monies that escheat to the state under IC 29-1-2-1 or from any
other source where the money is required to be paid to the state or to
any officer in trust for the state. In all cases where an officer required
to collect the money fails to do so after the cause of action in favor
of the state has accrued, or fails to sue for and recover any property
belonging to or which may escheat to the state, the attorney general
shall institute all necessary proceedings to compel the payment of the
money or recovery of the property. The payment to or collection by
the attorney general of any of the funds does not render an officer
liable to an action on the officer's bond by any other officer or
person.
(b) The officers having the custody of the money shall report to
the attorney general, upon oath or affirmation, all facts pertaining to
it, upon the attorney general's demand, in person, by deputy or
assistants, 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 a
biennial report to the governor of the business and condition of his
office, and to make a report to the auditor of state at the end of each
fiscal year of all collections made by him and the manner of
disbursement. (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 the
attorney-general, or any of his deputies or assistants, shall collect or
receive 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 or
sums so received or collected, and the character thereof; and the
auditor 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 judgment
shall deem necessary for use in the attorney-general's office shall be
purchased and paid for out of any money in the treasury not
otherwise 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 compromised
without the approval of the governor and attorney-general, and such
officers are hereby empowered to make such compromise when, in
their judgment, it is the interest of the state so to do. (Formerly: Acts 1889, c.71, s.15.)
IC 4-6-2-1 Prosecuting and defending suits by or against state and state
officers
Sec. 1. Such attorney-general shall prosecute and defend all suits
that may be instituted by or against the state of Indiana, the
prosecution and defense of which is not otherwise provided for by
law, whenever he shall have been given ten (10) days' notice of the
pendency thereof by the clerk of the court in which such suits are
pending, and whenever required by the governor or a majority of the
officers of state, in writing, to be furnished him within a reasonable
time; and he shall represent the state in all criminal cases in the
Supreme Court, and shall defend all suits brought against the state
officers in their official relations, except suits brought against them
by the state; and he shall be required to attend to the interests of the
state in all suits, actions or claims in which the state is or may
become 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 certain
actions
Sec. 1.1. The attorney general has concurrent jurisdiction with the
prosecuting attorney in the prosecution of the following:
(1) Actions in which a person is accused of committing, while
a 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 a
person described in subdivision (1) of this section.
(3) Actions in which a sheriff is accused of any offense that
involves a failure to protect the life of a prisoner in the sheriff's
custody. 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 under
IC 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 and
teachers; defense by attorney general
Sec. 1.5. (a) Whenever any state governmental official or
employee, 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 be
within the scope of the official's or employee's duties as prescribed
by statute or duly adopted regulation, the attorney general shall
defend such person throughout such action.
(b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
party to a civil suit, and the attorney general determines that the suit
has arisen out of an act that the teacher in good faith believed was
within the scope of the teacher's duties in enforcing discipline
policies developed under IC 20-33-8-12, the attorney general shall
defend 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 shall
disseminate in:
(A) written;
(B) electronic; or
(C) other;
form;
a notice to each teacher concerning the teacher's qualified immunity
under 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 that
the suit has arisen out of an act authorized under IC 20-30-5-0.5 or
IC 20-30-5-4.5, the attorney general shall defend the school
corporation 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 such
civil action for damages.
(f) Nothing in this chapter shall be construed to deprive any such
person of the person's right to select counsel of the person's own
choice 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 to
exhibit to any court his authority for appearing in and conducting the
prosecution or defense of any such suit, unless his authority be
denied under oath, in which case his commission shall be all the
evidence 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 he
shall keep his office in the statehouse; and he shall, on all business
days, 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 record
of all opinions given by him to the governor, the general assembly,
or to any of the state officers, and an accurate account of all moneys
collected or received by him, in substantially bound books, and to
pay over to the proper officer all money collected at the end of each
month; and he shall also keep a record of all criminal cases pending
in the Supreme Court, and of all civil cases in which it is his duty to
appear. (Formerly: Acts 1889, c.71, s.7.)
IC 4-6-2-5 Opinions
Sec. 5. The attorney-general shall give his legal opinion to the
governor upon request, touching upon any question or point of law
in which the interests of the state may be involved. He shall give his
opinion to any other state officer touching upon any question or point
of law concerning the duties of the officer; and also, to either house
of the general assembly or to any legislative agency created pursuant
to action of the general assembly, on the constitutionality of any
existing or proposed law, upon request by resolution of the house or
legislative agency, and he shall not be required to advise any other
officer 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 paid
to any person for court costs under IC 33-37, licenses, money
unclaimed in estates or guardianships, fines, penalties, or forfeitures,
or monies that escheat to the state under IC 29-1-2-1 or from any
other source where the money is required to be paid to the state or to
any officer in trust for the state. In all cases where an officer required
to collect the money fails to do so after the cause of action in favor
of the state has accrued, or fails to sue for and recover any property
belonging to or which may escheat to the state, the attorney general
shall institute all necessary proceedings to compel the payment of the
money or recovery of the property. The payment to or collection by
the attorney general of any of the funds does not render an officer
liable to an action on the officer's bond by any other officer or
person.
(b) The officers having the custody of the money shall report to
the attorney general, upon oath or affirmation, all facts pertaining to
it, upon the attorney general's demand, in person, by deputy or
assistants, 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 a
biennial report to the governor of the business and condition of his
office, and to make a report to the auditor of state at the end of each
fiscal year of all collections made by him and the manner of
disbursement. (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 the
attorney-general, or any of his deputies or assistants, shall collect or
receive 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 or
sums so received or collected, and the character thereof; and the
auditor 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 judgment
shall deem necessary for use in the attorney-general's office shall be
purchased and paid for out of any money in the treasury not
otherwise 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 compromised
without the approval of the governor and attorney-general, and such
officers are hereby empowered to make such compromise when, in
their judgment, it is the interest of the state so to do. (Formerly: Acts 1889, c.71, s.15.)
