Art. V, Sec. III, Para. IV. Attorney General; duties.

Office of Attorney General, Ch. 15, T. 45.

For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For article, ‘‘The Office of the Attorney General of Georgia,’’ see 23 Ga. St. B.J. 176 (1987). For article, ‘‘Researching Georgia Law,’’ see 34 Ga. St. U.L. Rev. 741 (2015).

1976 Constitution.

Art. VI, Sec. X, Para. II.

state officers or employees.

There is no conflict between the attorney general’s giving legal advice to officers or employees of the Department of Labor and prosecuting department officers or employees who violate the laws. Such a dual role is authorized. Brown v. State, 177 Ga. App. 284, 339 S.E.2d 332 (1985). Dual role in representation before

Health Planning Review Board.

The Assistant Attorney General fulfilled a constitutionally and statutorily mandated dual role in representing both the State Health Planning and Development Agency and the Health Planning Review Board, but the Assistant Attorney General’s dual role as prosecutor and legal advisor to the Review Board did not taint the opportunity of each party to present its case in full before the Review Board. North Fulton Community Hosp. v. State Health Planning & Dev. Agency, 168 Ga. App. 801, 310 S.E.2d 764 (1983). Representation of Department of

Community Affairs.

The trial court did not err in granting state senator’s plea in bar to charges of making a false writing where there was no criminal charge pending, only the knowledge that public monies allocated for one purpose had been expended for another and an attempt to resolve all matters, civil and criminal, which had occurred between state senator and the Department of Community Affairs (DCA) before the date of the signing of the release and where DCA was represented by the Attorney General in the matter of the DCA grant investigation and release. State v. Dean, 212 Ga. App. 724, 442 S.E.2d 830 (1994). Cited in Doe v. Bolton, 319 F. Supp. 1048 (N.D. Ga. 1970).

prosecution.

The Attorney General becomes an active participant in a capital felony prosecution only after an appeal from a conviction for a capital felony has been perfected in the Supreme Court of Georgia. 1968 Op. Att’y Gen. No. 68-171. Attorney General not authorized to participate in motion for new trial in

capital felony prosecution.

Since the motion for a new trial is considered as a preappellate procedure, then until an appeal is perfected in the Supreme Court of Georgia the Attorney General is not authorized to actively participate in these proceedings. 1968 Op. Att’y Gen. No. 68-171.

Duty of Attorney General to represent two agencies suing each other.

The Attorney General may not appoint counsel to permit the Georgia Real Estate Commission to sue the Secretary of State and the joint-secretary of the state examining boards in the use of current appropriations made by the legislature among the various licensing boards, because serious ethical problems would result since the Attorney General is the legal advisor to the entire executive department of the state government and would be obligated to represent both agencies involved. 1976 Op. Att’y Gen. No. 76-93.

Use of outside legal representation.

— The Department of Labor may not employ its own general counsel or otherwise provide itself with legal advice or representation other than through the Attorney General. 1984 Op. Att’y Gen. No. 84-48.

Attorneys employed by state agencies.

Although state agencies may employ persons with legal training and experience to serve as administrative legal service officers, those persons may not provide legal advice or representation to the agency, and no attorney-client relationship or privilege arises between the legal services officer and other agency officers or employees, or the agency itself. 1995 Op. Att’y Gen. No. 95-1.

Am. Jur. 2d.

7 Am. Jur. 2d, Attorney General, § 6 et seq.

C.J.S.

7A C.J.S., Attorney General, § 23 et seq.

ALR.

Right of Attorney General to represent or serve administrative officer or body to exclusion of attorney employed by such officer or body, 137 ALR 818.