NCJ Number
68660
Date Published
1980
Length
89 pages
Annotation
THIS REPORT EXAMINES THE SPECIFIC POWERS THAT COURTS HAVE ATTRIBUTED TO THE ATTORNEY GENERAL UNDER COMMON LAW, AND DESCRIBES THE STATUS OF THE ATTORNEY GENERAL'S COMMON LAW POWERS IN THE 54 JURISDICTIONS.
Abstract
ISSUED BY THE COMMITTEE ON THE OFFICE OF ATTORNEY GENERAL OF THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL FOUNDATION, AND ORIGINALLY SUPPORTED BY A LAW ENFORCEMENT ASSISTANCE ADMINISTRATION GRANT, THIS IS A REVISED AND UPDATED VERSION OF 1975 AND 1977 REPORTS. WITH THE CAUTIONARY REMARK THAT THE COMMON LAW IS DIFFERENT IN EACH STATE, AS ITS CONTENTS DEPEND UPON DEFINITION BY THAT STATE'S COURTS, IT IS NEVERTHELESS TRUE THAT THESE DEFINITIONS OFTEN CITE CASE LAWS OF OTHER STATES OR OTHER JURISDICTIONS, AND THUS TEND TO BE INTERRELATED. A LIST OF CASES, BY STATE, APPEARS AT THE END OF THIS REPORT. IT CITES ALL OF THE CASES MENTIONED IN THE TEXT. THIS LIST WAS DEVELOPED FROM PERIODIC QUESTIONNAIRES IN ATTORNEYS GENERAL'S OFFICES AND THROUGH RESEARCH BY THE STAFF OF THE COMMITTEE ON THE OFFICE OF ATTORNEY GENERAL. IT IS INTENDED TO BE A COMPLETE LISTING OF CASES DEFINING ATTORNEYS GENERAL COMMON LAW POWERS. THE REPORT IS ORGANIZED IN FIVE SECTIONS. SECTION ONE DEALS WITH THE NATURE, SOURCES, AND CONSTITUTIONAL AND STATUTORY RECOGNITION OF COMMON LAW. SUBSEQUENT SECTIONS ARE DEVOTED TO AN HISTORICAL OVERVIEW OF THE OFFICE OF ATTORNEY GENERAL; THE BASIS AND STATUS OF THE ATTORNEY GENERAL'S POWERS; AND, IN THE LAST SECTION, A DETAILED ANALYSIS OF THE SPECIFIC COMMON LAW POWERS (E.G., PROCEEDINGS AGAINST PUBLIC OFFICERS, SUITS UNDER FEDERAL LAWS, REVOCATION OF CORPORATE CHARTERS, REPRESENTATION OF STATE AGENCIES, SUBPOENA AND INVESTIGATIVE POWERS). THE REPORT CONCLUDES THAT, WHILE THE DOCTRINES INVOLVED IN THE CONCEPT OF COMMON LAW MAY BE VERY ANCIENT, MOST OF THEM ARE RELEVANT TO ATTORNEYS GENERAL'S CURRENT ACTIVITIES. THE COMMON LAW POWERS REVIEWDED IN THIS REPORT, WHILE SUBJECT TO EXPRESS STATUTORY OR CONSTITUTIONAL LIMITATIONS, ARE DIVERSIFIED AND VIABLE AS A SOURCE OF AUTHORITY WHICH DOES NOT DEPEND ON LEGISLATIVE ENACTMENTS. AN APPENDIX LISTS, BY STATE, CASES CONCERNING THE COMMON LAW POWERS OF THE ATTORNEY GENERAL.