Chapter 10: Office Of The Attorney General

4-10-1. The Attorney General will attend to all business of the Executive Council before the Tennessee Intercollegiate Supreme Court, including the trial and litigation of any proceedings in which the Executive Council shall have an interest.

 

4-10-2. The Attorney General will defend the constitutionality and validity of the TISL Legal Code except in those instances where the Attorney General is of the opinion that such legislation is not constitutional, in which event the Attorney General shall so certify to the Governor.

 

4-10-3. The Attorney General will notify the Executive Council of any litigation filed against the Executive Council but may act before such notification to defend against litigation when circumstances require.

 

4-10-4. Litigation to be filed in the name of the Executive Council must be approved by a majority of the Executive Council, notice being given and a quorum participating.

 

4-10-5. The Attorney General may initiate legal proceedings against a member of the Executive Council to compel performance of the officer’s duties or to enforce compliance with the Constitution and Legal Code, including, but not limited to, a writ of mandamus or an injunction.

 

4-10-6. Attorney General will provide legal advice to any entity created by the Constitution or laws of TISL including, but not limited to, the Election Commission, Supreme Court Nominating Commission and TISL Media Editorial Board, shall defend their official actions against litigation, and may initiate litigation to compel their compliance with the Constitution and Legal Code unless he is representing the Executive Council in the same case.

 

4-10-7. If the Attorney General initiates litigation against the Executive Council or if the Executive Council determines the Attorney General is unable/unwilling to represent its interests, the Executive Council may appoint special counsel on its behalf upon notification to the Attorney General and to the Supreme Court.

 

4-10-8. In the event of litigation between two members of the Executive Council, the Attorney General will represent neither party but may file a brief on behalf of the Executive Council, if authorized.

 

4-10-9. [Repealed]

 

4-10-10. Each house of the legislature may request, in writing, one opinion per legislative session from the Attorney General regarding the constitutionality of a bill, such opinion to be delivered in writing and signed by the Attorney General within 24 hours. The Attorney General may not appear during a legislative session to discuss the opinion. Such an opinion shall be advisory and may not be a cause of action before the Tennessee Intercollegiate Supreme Court.

 

4-10-11. The Deputy Attorney General, the Solicitor General, the assistant attorneys general, the members of an AMC3 team and any other appointee, shall comprise the Attorney General’s staff and shall conduct themselves at the Attorney General’s direction. The Attorney General may designate any member(s) of his/her staff to undertake any responsibility assigned by the Constitution or by law to the Attorney General.