Attorney-General Act of 2002
TITLE 5 – PUBLIC OFFICES AND AGENCIES
CHAPTER 6 - OFFICE OF THE ATTORNEY-GENERAL
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
ATTORNEY-GENERAL ACT OF 2002
Arrangement of Sections
Section Page
§601. Short Title. ............................................................................................................................. 3
§602. Repeal. .................................................................................................................................... 3
§603. Composition of Office. ......................................................................................................... 3
§604. Functions. .............................................................................................................................. 4
§605. Establishment of Divisions. ................................................................................................. 4
§606. Authorization for Trial Assistants to Prosecute. .............................................................. 4
§607. Special Assistant Attorney-General. .................................................................................. 4
§608. Representation of Statutory Authorities and Corporations, Ministries and
Departments. ......................................................................................................................... 4
§609. Power to Summons. ............................................................................................................. 5
§610. Annual Reports. .................................................................................................................... 5
§611. Effective Date. ....................................................................................................................... 5
TITLE 5 – PUBLIC OFFICES AND AGENCIES
CHAPTER 6 - OFFICE OF THE ATTORNEY-GENERAL
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
ATTORNEY-GENERAL ACT OF 2002
AN ACT to provide for the organization of the Office of the Attorney-General and
for related matters.
Commencement: May 27, 2002
Source: P.L. 2002-53
Amended By: P.L. 2005-44
§601. Short Title.
This Act may be cited as the Office of the Attorney-General Act of 2002.[P.L. 2002-53, §1.]
§602. Repeal.
The Office of the Attorney-General Act 1995 is hereby repealed. [P.L. 2002-53, §2.]
§603. Composition of Office.
(1) The Office of the Attorney-General shall consist of the Attorney-
General, Deputy Attorney-General, and such Assistant Attorneys-
General, trial assistants, and support staff as the Attorney-General
shall, in consultation with the Public Service Commission, require.
(2) In the absence or incapacity of the Attorney-General, the Deputy
Attorney-General shall act as the Attorney-General without the need
for formal appointment. [P.L. 2002-53, §3.]
§604. Functions.
The functions of the Office of the Attorney-General shall include those set
out in Article VII, Section 3 of the Constitution, under this Chapter and any
other laws of the Republic. [P.L. 2002-53, §4.]
§605. Establishment of Divisions.
The Attorney-General may establish such divisions, including criminal and
civil divisions, and such positions within those divisions as may be
necessary to efficiently operate the Office. [P.L. 2002-53, §5.]
§606. Authorization for Trial Assistants to Prosecute.
Subject to the provisions of Section 504 of the Legal Profession Act 1991, the
Court Rules on Admission and any other law, a trial assistant in the Office
may conduct preliminary hearings in any felony case and prosecute any
misdemeanor case, provided the Attorney-General has certified to the High
Court or District Court that such trial assistant is competent and authorized
to conduct preliminary hearings in felony cases and/or prosecute
misdemeanor cases. [P.L. 2002-53, §6.]
§607. Special Assistant Attorney-General.
(1) The Attorney-General may appoint an attorney to act as a Special
Assistant Attorney- General in any case where the Attorney-General
determines that such an appointment is in the public interest.
(2) The Attorney-General shall appoint an attorney to act as Special
Assistant Attorney- General in any case if the Attorney-General
determines that there is a conflict of interest, or the appearance of a
conflict of interest, if the office where to handle the case. In such cases
the Special Attorney-General, although invested with the authority of
the office of the Attorney-General, shall not receive instructions from
the office of the Attorney-General after the appointment. [P.L. 2002-53, §7.]
§608. Representation of Statutory Authorities and Corporations,
Ministries and Departments.
Any corporation in which the government of the Marshall Islands is the sole
owner of the issued voting stock, or any statutory authority or corporation
may, provided no conflict situation arises, request the legal services of the
Office of the Attorney-General, or may, at its own expense and with the
prior consent of the Attorney-General, employ the legal services of private
counsel. Any other Ministry or department of the government shall utilize
the legal services of the Office of the Attorney-General unless such office
authorizes the use of private counsel in particular matters. [P.L. 2002-53, §8.]
§609. Power to Summons.
(1) In the exercise of the powers and duties conferred under Article VII,
Section 3 of the Constitution and this Chapter, and when the
Attorney-General deems it advisable or necessary in the public
interest to conduct an investigation of alleged violations of law, the
Attorney-General or other officer designated by the Attorney-General
is authorized and empowered to issue summons to individuals and
entities to appear, testify and/or produce for examination any books,
papers, documents, records, data or objects which the Attorney-
General deems relevant or material to the inquiry.
(2) The Attorney-General may apply to the High Court for an Order to
compel compliance with the summons issued under this section.
Failure to comply with such order shall be punishable as a contempt
of court under the Judiciary Act 1983, as amended. [P.L. 2002-53, §9.]
§610. Annual Reports.
The Attorney-General shall at the end of each financial year, submit to the
Minister of Justice, a report on the activities and or programs carried out by
the Office in that financial year. The Minister of Justice shall table such
report before Cabinet. [P.L.2005-44]
§611. Effective Date.
This Act shall take effect on the date of certification in accordance with
Article IV, Section 21 of the Constitution.