Acting Attorney General

Checkout our iOS App for a better way to browser and research.

    (a)    The Chief Deputy Attorney General shall serve as acting Attorney General if the Attorney General temporarily is unable or unavailable to carry out the duties of office.

    (b)    If the Attorney General gives the Chief Deputy Attorney General written notice of a temporary inability or unavailability, the acting Attorney General shall serve:

        (1)    on and after the date that the Attorney General sets in the notice; and

        (2)    until the Attorney General gives the acting Attorney General written notice that the Attorney General is able to carry out the duties of office.

    (c)    If the Attorney General has not given notice, but the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, make a formal, written determination of a temporary inability or unavailability of the Attorney General, the Chief Deputy Attorney General shall serve as acting Attorney General:

        (1)    on and after the date of the determination; and

        (2)    until the members of the Board of Public Works and the presiding officers of the General Assembly, by a majority vote, determine and give the Attorney General and the acting Attorney General written notice that the Attorney General is able to carry out the duties of office.

    (d)    (1)    On petition of any member of the Board of Public Works, a presiding officer of the General Assembly, the Attorney General, or the acting Attorney General, a circuit court has exclusive original jurisdiction to determine any issue that arises under this section and to pass any appropriate order.

        (2)    Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall:

            (i)    take precedence on the docket;

            (ii)    be heard at the earliest practicable date; and

            (iii)    be expedited in every way.


Download our app to see the most-to-date content.