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1-11-1 General duties of attorney general.
     1-11-1.   General duties of attorney general. The duties of the attorney general shall be:
             (1)      To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party;
             (2)      When requested by the Governor or either branch of the Legislature, or whenever in his judgment the welfare of the state demands, to appear for the state and prosecute or defend, in any court or before any officer, any cause or matter, civil or criminal, in which the state may be a party or interested;
             (3)      To attend to all civil cases remanded by the Supreme Court to the circuit court, in which the state shall be a party or interested;
             (4)      To prosecute, at the request of the Governor, state auditor, or state treasurer, any official bond or contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their departments;
             (5)      To consult with, advise, and exercise supervision over the several state's attorneys of the state in matters pertaining to the duties of their office, and he shall be authorized and it is made his duty, whenever in his judgment any opinion written by him will be of general interest and value, to mail either written or printed copies of such opinion to the auditor-general and to every state's attorney and county auditor in the state;
             (6)      When requested, to give his opinion in writing, without fee, upon all questions of law submitted to him by the Legislature or either branch thereof, or by the Governor, auditor, or treasurer;
             (7)      When requested by the state auditor, treasurer, or commissioner of school and public lands, to prepare proper drafts for contracts, forms, and other writings, which may be wanted for use of the state;
             (8)      To report to the Legislature, or either branch thereof, whenever requested, upon any business relating to the duties of his office;
             (9)      To prosecute state officers who neglect or refuse to comply with the provisions of statutes of this state prohibiting officers of the state from accepting any money, fee, or perquisite other than salary for performance of duties connected with his office or paid because of holding such office and the statute requiring issue and delivery and filing of prenumbered duplicate receipts and accounting for money received for the state;
             (10)      To pay into the state treasury all moneys received by him, belonging to the state, immediately upon the receipt thereof;
             (11)      To attend to and perform any other duties which may from time to time be required by law.

Source: SDC 1939, § 55.1501.


Chapter 1-11

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