TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 14

ATTORNEY GENERAL

67-1401.  Duties of attorney general. Except as otherwise provided in this chapter, it is the duty of the attorney general:

(1)  To perform all legal services for the state and to represent the state and all departments, agencies, offices, officers, boards, commissions, institutions and other state entities in all courts and before all administrative tribunals or bodies of any nature. Representation shall be provided to those entities exempted pursuant to the provisions of section 67-1406, Idaho Code. Whenever required to attend upon any court or administrative tribunal, the attorney general shall be allowed necessary and actual expenses, all claims for which shall be audited by the state board of examiners.

(2)  To advise all departments, agencies, offices, officers, boards, commissions, institutions and other state entities in all matters involving questions of law.

(3)  After judgment in any of the causes referred to in this chapter, to direct the issuing of such process as may be necessary to carry the same into execution.

(4)  To account for and pay over to the proper officer all moneys received that belong to the state.

(5)  To enforce the Idaho charitable solicitation act, chapter 12, title 48, Idaho Code, and the Idaho nonprofit hospital sale or conversion act, chapter 15, title 48, Idaho Code; to supervise charitable organizations, as such term is defined in section 48-1903(4), Idaho Code; and to enforce whenever necessary any noncompliance or departure from the charitable purpose of such charitable organizations as set forth and provided in chapter 19, title 48, Idaho Code.

(6)  To give an opinion in writing, without fee, to the legislature or either house thereof or any senator or representative and to the governor, secretary of state, treasurer, state controller, and the superintendent of public instruction, when requested, upon any question of law relating to their respective offices. The attorney general shall keep a record of all written opinions rendered by the office and such opinions shall be compiled annually and made available for public inspection. All costs incurred in the preparation of said opinions shall be borne by the office of the attorney general. A copy of the opinions shall be furnished to the supreme court and to the state librarian.

(7)  When required by the public service, to repair to any county in the state and assist the prosecuting attorney thereof in the discharge of duties.

(8)  To bid upon and purchase, when necessary, in the name of the state and under the direction of the state controller, any property offered for sale under execution issued upon judgments in favor of or for the use of the state and to enter satisfaction in whole or in part of such judgments as the consideration for such purchases.

(9)  Whenever the property of a judgment debtor in any judgment mentioned in subsection (8) of this section has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance, taking precedence of the judgment in favor of the state, under the direction of the state controller, to redeem such property from such prior judgment, lien, or encumbrance; and all sums of money necessary for such redemption must, upon the order of the board of examiners, be paid out of any money appropriated for such purposes.

(10) When necessary for the collection or enforcement of any judgment hereinbefore mentioned, to institute and prosecute, in behalf of the state, such suits or other proceedings as may be necessary to set aside and annul all conveyances fraudulently made by such judgment debtors; the cost necessary to the prosecution must, when allowed by the board of examiners, be paid out of any appropriations for the prosecution of delinquents.

(11) To exercise all the common law power and authority usually appertaining to the office and to discharge the other duties prescribed by law.

(12) To report to the governor the condition of the affairs of the attorney general’s office and of the reports received from prosecuting attorneys.

(13) To appoint deputy attorneys general and special deputy attorneys general and other necessary staff to assist in the performance of the duties of the office. Such deputies and staff shall be nonclassified employees within the meaning of section 67-5302, Idaho Code.

(14) To establish a medicaid fraud control unit pursuant to the provisions of section 56-226, Idaho Code, and to exercise concurrent investigative and prosecutorial authority and responsibility with county prosecutors to prosecute persons for the violation of the criminal provisions of chapter 2, title 56, Idaho Code, and for criminal offenses that are not defined in chapter 2, title 56, Idaho Code, but that involve or are directly related to the use of medicaid program funds or services provided through the medicaid program.

(15) To seek injunctive and any other appropriate relief as expeditiously as possible to preserve the rights and property of the residents of the state of Idaho and to defend as necessary the state of Idaho, its officials, employees, and agents in the event that any law or regulation violating the public policy set forth in the Idaho health freedom act, chapter 90, title 39, Idaho Code, is enacted by any government, subdivision, or agency thereof.

(16) To establish an internet crimes against children unit (ICAC) pursuant to the provisions of section 67-1410, Idaho Code, and to exercise concurrent investigative and prosecutorial authority and responsibility with county prosecutors to prosecute persons for the violation of the criminal provisions of sections 18-1507, 18-1507A, 18-1507C, 18-1509A, 18-1513 and 18-1515, Idaho Code.

(17) To respond to allegations of violation of state law by elected county officers, to investigate such claims, to issue appropriate findings and to refer such cases for further investigation and prosecution pursuant to section 31-2002, Idaho Code.

(18) To establish a sobriety and drug monitoring program to reduce the number of people on Idaho’s highways who drive under the influence of alcohol or drugs, to reduce the number of repeat offenders for certain offenses in which the abuse of alcohol or drugs was a contributing factor, and to increase pretrial and posttrial options for prosecutors and judges in responding to repeat DUI offenders and offenders for certain crimes in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime; and to adopt such rules and establish such fees as are necessary for the operation of said program, as set forth by law.

History:

[67-1401, added 1885, sec. 3, p. 31; R.S., sec. 250; am. 1901, sec. 1, p. 162; compiled and reen. R.C., sec. 142; reen. C.L., sec. 142; C.S., sec. 178; am. 1923, ch. 110, sec. 1, p. 139; I.C.A., sec. 65-1301; am. 1963, ch. 161, sec. 1, p. 475; am. 1972, ch. 203, sec. 1, p. 561; am. 1976, ch. 366, sec. 1, p. 1202; am. 1986, ch. 6, sec. 1, p. 44; am. 1994, ch. 180, sec. 181, p. 539; am. 1995, ch. 141, sec. 1, p. 599; am. 1998, ch. 245, sec. 1, p. 806; am. 2001, ch. 61, sec. 2, p. 114; am. 2007, ch. 341, sec. 10, p. 1011; am. 2010, ch. 46, sec. 2, p. 85; am. 2013, ch. 245, sec. 1, p. 593; am. 2014, ch. 240, sec. 3, p. 604; am. 2014, ch. 280, sec. 3, p. 708; am. 2015, ch. 244, sec. 45, p. 1031; am. 2020, ch. 321, sec. 2, p. 926; am. 2021, ch. 321, sec. 41, p. 983; am. 2024, ch. 194, sec. 4, p. 697.]