Kentucky Statutes 15.020 – Chief law officer and adviser — Duty to attend to litigation, write opinions, draft writings — Communication with Legislative Research Commission — When to appear for Commonwealth — Constitutional challenge may be broug…
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(1) The Attorney General is the chief law officer of the Commonwealth of Kentucky and all of its departments, commissions, agencies, and political subdivisions, and the legal adviser of all state officers, departments, commissions, and agencies, and when requested in writing shall furnish to them his or her written opinion touching any of their official duties, and shall prepare proper drafts of all instruments of writing required for public use, and shall exercise all common law duties and authority pertaining to the office of the Attorney General under the common law, except when modified by statutory enactment.
(2) The Attorney General shall communicate with the Legislative Research
Commission as required by KRS § 418.075.
(3) Except as otherwise provided in KRS § 48.005 and 2000 Ky. Acts ch. 483, sec. 8, the Attorney General shall appear for the Commonwealth in all cases in the Supreme Court or Court of Appeals wherein the Commonwealth is interested, and shall also commence all actions or enter an appearance in all cases, hearings, and proceedings in and before all other courts, tribunals, or commissions in or out of the state, and attend to all litigation and legal business in or out of the state required of the office by law, or in which the Commonwealth has an interest, and any litigation or legal business that any state officer, department, commission, or agency may have in connection with, or growing out of, his, her, or its official duties, except where it is made the duty of the Commonwealth’s attorney or county attorney to represent the Commonwealth. When any attorney is employed for any said agency, the same shall have the approval of such agency before such employment.
(4) Notwithstanding any other statute or provision to the contrary, the Attorney General may bring any action challenging the constitutionality of a Kentucky statute, executive order, administrative regulation, or order of any cabinet, program cabinet, or department under KRS Chapter 12. The action may be brought in any county where the alleged constitutional harm has occurred or could be reasonably presumed to occur.
(5) If any funds of any kind or nature whatsoever are recovered by or on behalf of the Commonwealth, in any action, including an ex rel. action where the Attorney General has entered an appearance or is a party according to statutory or common law authority, those funds shall be handled under KRS § 48.005.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 173, sec. 2, effective June 29, 2021. — Amended
2012 Ky. Acts ch. 110, sec. 8, effective April 11, 2012. — Amended 2000 Ky. Acts ch. 483, sec. 2, effective April 21, 2000. — Amended 1996 Ky. Acts ch. 202, sec. 1, effective July 15, 1996. — Amended 1976 Ky. Acts ch. 62, sec. 7. — Amended 1944
Ky. Acts ch. 7, sec. 1. — Amended 1942 Ky. Acts ch. 106, sec. 4. — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 112-1, 112-
5, 2711a-159.
(2) The Attorney General shall communicate with the Legislative Research
Terms Used In Kentucky Statutes 15.020
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
Commission as required by KRS § 418.075.
(3) Except as otherwise provided in KRS § 48.005 and 2000 Ky. Acts ch. 483, sec. 8, the Attorney General shall appear for the Commonwealth in all cases in the Supreme Court or Court of Appeals wherein the Commonwealth is interested, and shall also commence all actions or enter an appearance in all cases, hearings, and proceedings in and before all other courts, tribunals, or commissions in or out of the state, and attend to all litigation and legal business in or out of the state required of the office by law, or in which the Commonwealth has an interest, and any litigation or legal business that any state officer, department, commission, or agency may have in connection with, or growing out of, his, her, or its official duties, except where it is made the duty of the Commonwealth’s attorney or county attorney to represent the Commonwealth. When any attorney is employed for any said agency, the same shall have the approval of such agency before such employment.
(4) Notwithstanding any other statute or provision to the contrary, the Attorney General may bring any action challenging the constitutionality of a Kentucky statute, executive order, administrative regulation, or order of any cabinet, program cabinet, or department under KRS Chapter 12. The action may be brought in any county where the alleged constitutional harm has occurred or could be reasonably presumed to occur.
(5) If any funds of any kind or nature whatsoever are recovered by or on behalf of the Commonwealth, in any action, including an ex rel. action where the Attorney General has entered an appearance or is a party according to statutory or common law authority, those funds shall be handled under KRS § 48.005.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 173, sec. 2, effective June 29, 2021. — Amended
2012 Ky. Acts ch. 110, sec. 8, effective April 11, 2012. — Amended 2000 Ky. Acts ch. 483, sec. 2, effective April 21, 2000. — Amended 1996 Ky. Acts ch. 202, sec. 1, effective July 15, 1996. — Amended 1976 Ky. Acts ch. 62, sec. 7. — Amended 1944
Ky. Acts ch. 7, sec. 1. — Amended 1942 Ky. Acts ch. 106, sec. 4. — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 112-1, 112-
5, 2711a-159.