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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EXECUTIVE BRANCH
Chapter : Chapter 27 Attorney General
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The attorney general for the state of Missouri shall be elected
at each general election at which a governor and other state officers are
elected, and his term shall begin at 12:00 noon on the second Monday in
January next succeeding his election, and shall continue for four years,
or until his successor is elected and qualified. The attorney general
shall reside at the seat of government and keep his office in the supreme
court building, and receive an annual salary of sixty-five thousand
dollars plus any salary adjustment provided pursuant to section 105.005,
RSMo, payable out of the state treasury. The salary shall constitute the
total compensation for all duties to be performed by him and there shall
be no further payments made to or accepted by him for the performance of
any duty now required of him under any existing law. The attorney general
shall devote his full time to his office, and, except in the performance
of his official duties, shall not engage in the practice of law. (RSMo
1939 § 12897, A.L. 1943 p. 869 § 1, A. 1949 S.B. 1010, A.L. 1955 p. 573,
A.L. 1967 p. 97, A.L. 1977 H.B. 520, A.L. 1980 H.B. 1266, A.L. 1984 S.B.
528, A.L. 1987 H.B. 456)
Prior revisions: 1929 § 11272; 1919 § 692; 1909 § 966
Revisor's note: Salary adjustment index is printed, as required by §
105.005, in Appendix E.
1. The attorney general is hereby authorized to appoint such
assistant attorneys general as may be necessary to properly perform the
duties of his office and shall fix the compensation of such assistants
within the limits of the amount appropriated by the general assembly.
Said assistant attorneys general shall hold their office at the pleasure
of the attorney general, shall possess the same qualifications as the
attorney general, and before entering upon the discharge of their duties
shall each take and subscribe to an oath to support the Constitution of
the United States and of the state of Missouri and to faithfully demean
themselves in office. It shall be their duty to assist the attorney
general in his official duties with power and authority under his
direction to represent him in the discharge of all the duties of his
office.
2. The attorney general may, at the request of any officer, department,
board, bureau, commission or agency of the state, assign assistant
attorneys general to perform the duties prescribed by law before or upon
behalf of such officer, department, board, bureau, commission or agency
and may, upon request as aforesaid, from time to time reassign such
assistants.
3. The attorney general is also authorized to appoint a chief clerk,
stenographers, typists, clerks, investigators and such other employees as
shall be necessary to properly perform the duties of his office and shall
fix the compensation of persons thus employed within the limits of the
amount appropriated by the general assembly. Said employees shall serve
during the pleasure of the attorney general. The assistant attorneys
general and the chief clerk, stenographers, typists, clerks,
investigators and other employees shall be paid in the same manner and at
the same time as the attorney general. The compensation and expenses of
said assistants and employees may be paid out of any state or federal
funds appropriated to said department for such purposes. (RSMo 1939 §
12902, A.L. 1949 p. 227)
Prior revisions: 1929 § 11277; 1919 § 697; 1909 § 971
(1988) Attorney general was authorized to terminate an assistant attorney
general at any time and was not required to adopt a post-discharge
hearing procedure. Where more than one statute deals with the same
subject, the statutes should be harmonized when reasonable but to the
extent of any discord between them, the definite prevails. (Mo. App.
W.D.) Wood v. Webster, 772 S.W.2d 1.
When directed by the governor, the attorney general, or one of
his assistants, shall aid any prosecuting or circuit attorney in the
discharge of their respective duties in the trial courts and in
examinations before grand juries, and when so directed by the trial
court, he may sign indictments in lieu of the prosecuting attorney. (RSMo
1939 § 12898)
Prior revisions: 1929 § 11273; 1919 § 693; 1909 § 967
When required, he shall give his opinion, in writing, without
fee, to the general assembly, or to either house, and to the governor,
secretary of state, auditor, treasurer, commissioner of education, grain
warehouse commissioner, director of the department of insurance, the
director of the division of finance, and the head of any state
department, or any circuit or prosecuting attorney upon any question of
law relative to their respective offices or the discharge of their
duties. (RSMo 1939 § 12899)
Prior revisions: 1929 § 11274; 1919 § 694; 1909 § 968
(1974) Opinions of the attorney general are entitled to no more weight
than that given the opinion of any other competent attorney. Gershman
Investment Corp. v. Danforth (Mo.), 517 S.W.2d 33.
The attorney general shall appear on behalf of the state in the
court of appeals and in the supreme court and have the management of and
represent the state in all appeals to which the state is a party other
than misdemeanors and those cases in which the name of the state is used
as nominal plaintiff in the trial court. (RSMo 1939 § 12900, A.L. 1959
H.B. 120, A.L. 1971 H.B. 779)
Prior revisions: 1929 § 11275; 1919 § 695; 1909 § 969
Effective 1-1-72
The attorney general shall institute, in the name and on the
behalf of the state, all civil suits and other proceedings at law or in
equity requisite or necessary to protect the rights and interests of the
state, and enforce any and all rights, interests or claims against any
and all persons, firms or corporations in whatever court or jurisdiction
such action may be necessary; and he may also appear and interplead,
answer or defend, in any proceeding or tribunal in which the state's
interests are involved. (RSMo 1939 § 12901)
Prior revisions: 1929 § 11276; 1919 § 696; 1909 § 970
CROSS REFERENCES: Declaratory judgments--to be served copy of
proceedings, when, RSMo 527.110 Delinquent taxes, to assist state
director of revenue in collecting, RSMo 136.150 Division of workers'
compensation, legal advice to, RSMo 287.620 Escheats--institution of
proceedings, RSMo 470.290 to 470.340 State highways and transportation
commission, to advise, RSMo 226.070
(1951) Proceeding to oust county treasurer from office involved public
interest and was properly brought by attorney general. State ex rel.
Taylor v. Cumpton, 362 Mo. 199, 240 S.W.2d 877.
(1958) Attorney general is not the attorney for a trustee of a public
charitable trust, but such trustee has right to be represented by
attorney of his own choosing. Murphey v. Dalton (Mo.), 314 S.W.2d 726.
The attorney general shall keep in his office and provide for his
official use, and that of his successors, indexed copies of all opinions
delivered by him during his term. (RSMo 1939 § 12905)
Prior revisions: 1929 § 11280; 1919 § 700; 1909 § 974
There is hereby created a revolving fund for the department of
attorney general to be known as "the attorney general's court costs
fund", which shall consist of money transferred by the general assembly
of the state of Missouri from the general revenue fund to be credited to
such fund, and any money paid into the state treasury and required by law
to be credited to such fund. This fund shall be kept separate and apart
from all other moneys in the state treasury and shall be paid out by the
state treasurer upon warrants issued by the state auditor as certified to
by the commissioner of administration, upon verified vouchers of the
attorney general. Such money, after appropriation pursuant to law, shall
be available only for the making of deposits and the payment of court
costs incurred in any litigation, suit or hearing pending or which may
hereafter be pending in any state or federal court or tribunal in which
it is the duty of the attorney general to prosecute, defend or appear;
provided, however, that such deposits and costs as may be awarded or
refunded to the state at the termination of any such litigation, suit or
hearing shall be deposited in the state treasury to the credit of the
attorney general's court costs fund. (RSMo 1939 § 12903, A.L. 1949 p. 227)
Prior revisions: 1929 § 11278; 1919 § 698; 1909 § 972
CROSS REFERENCE: Attorney general's court costs fund abolished subject to
exemption, RSMo 33.571
1. In each year in which an attorney general of this state is
elected and when the attorney general so elected is not the incumbent at
the time of the election, funds and facilities for the attorney
general-elect to be used by him in preparing an orderly transition of
administration shall be provided.
2. The legislature shall appropriate to the commissioner of
administration, funds to be used only for the purpose of this transition
and to be expended during the transition period but in no event shall the
amount so appropriated exceed ten thousand dollars for any such
transition and all funds not expended for this purpose during the
transition shall revert to general revenue. (L. 1977 H.B. 493 & 458)
The "transition period" shall begin on the fifteenth day of
November following the election of an attorney general who is not an
incumbent and shall end when that attorney general-elect has taken the
oath of office. (L. 1977 H.B. 493 & 458)
1. The commissioner of administration shall provide office space
and equipment for the attorney general-elect and his staff during the
transition period. The facilities provided shall be located at the seat
of government and shall be suitable for the purpose and capable of
adequately housing the attorney general-elect and his staff.
2. The commissioner of administration shall furnish the transition
facility with adequate telephone service, office furniture and office
machines including but not limited to typewriters, adding machines and
duplicating equipment.
3. The transition period office space may be located in state-owned
buildings or in leased property. All salaries, expenses, rentals and
equipment purchase and repairs shall be made only from funds appropriated
for the purpose of this transition. (L. 1977 H.B. 493 & 458)
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