The Department of Law is vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board, and other agency thereof. Every department, office, institution, commission, committee, board, and other agency of the state government is prohibited from employing counsel in any manner whatsoever unless otherwise specifically authorized by law.
(Ga. L. 1943, p. 284, § 4; Ga. L. 1966, p. 43, § 3.)
OPINIONS OF THE ATTORNEY GENERALThis section vests exclusive jurisdiction over all legal matters in the Attorney General, as head of the Department of Law. 1960-61 Op. Att'y Gen. p. 249.
This section does not prohibit the Attorney General from accepting legal services from a county attorney for which the state is under no obligation to pay. 1960-61 Op. Att'y Gen. p. 249.
Employment of private counsel.
- Ga. L. 1975, p. 1184, § 1 (see now O.C.G.A. § 45-15-4) when read in conjunction with the provisions of Ga. L. 1966, p. 43, § 3 (see now O.C.G.A. § 45-15-34) which unequivocally provide that the State Law Department shall have complete and exclusive authority as to legal matters pertaining to state agencies, indicates that the legislative intent was that private counsel should represent state agencies only on those rare occasions when the Attorney General deems such representation to be necessary; the use of the term "employ" in Ga. L. 1975, p. 1184, § 1 does not indicate a willingness on the part of the General Assembly to authorize a state agency to be represented by private counsel of its choice who offer to do so at no expense to the agency. 1976 Op. Att'y Gen. No. 76-93.
Attorneys employed by state agencies.- Although state agencies may employ persons with legal training and experience to serve as administrative legal service officers, those persons may not provide legal advice or representation to the agency, and no attorney-client relationship or privilege arises between the legal services officer and other agency officers or employees, or the agency itself. 1995 Op. Att'y Gen. No. 95-1.
University of Georgia is not authorized to employ private attorneys to collect delinquent student loan funds, but it may turn over accounts to a collection agency for handling; the university should not advance any court costs for the collection of delinquent accounts; the method, means, and expense for collecting delinquent accounts should be the responsibility of the collection agency and not the University of Georgia. 1962 Op. Att'y Gen. p. 593.
Exclusive legal representative of Department of Labor.- The Department of Labor may not employ its own general counsel or otherwise provide itself with legal advice or representation other than through the Attorney General. 1984 Op. Att'y Gen. No. 84-48.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7 Am. Jur. 2d, Attorney General, § 17 et seq.