§5-3-2. Act as counsel for state; duties and powers as to prosecuting attorneys; defense of national guardsmen

Published: 2015

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WVC 5-3-2

§5-3-2. Act as counsel for state; duties and powers as to

prosecuting attorneys; defense of national guardsmen.

The attorney general shall appear as counsel for the state in

all causes pending in the supreme court of appeals, or in any

federal court, in which the state is interested; he shall appear in

any cause in which the state is interested that is pending in any

other court in the state, on the written request of the governor,

and when such appearance is entered he shall take charge of and

have control of such cause; he shall defend all actions and

proceedings against any state officer in his official capacity in

any of the courts of this state or any of the federal courts when

the state is not interested in such cause against such officer, but

should the state be interested against such officer, he shall

appear for the state; he shall institute and prosecute all civil

actions and proceedings in favor of or for the use of the state

which may be necessary in the execution of the official duties of

any state officer, board or commission on the written request of

such officer, board or commission; he shall, when requested by the

prosecuting attorney of a county wherein a state institution of

correction is located, provide attorneys for appointment as special

prosecuting attorneys to assist the prosecuting attorney of said

county in the prosecution of criminal proceedings when, in the

opinion of the circuit judge of said county, or a justice of the

West Virginia supreme court of appeals, extraordinary circumstances

exist at said institution which render the financial resources of the office of the prosecuting attorney inadequate to prosecute said

cases; he may consult with and advise the several prosecuting

attorneys in matters relating to the official duties of their

office, and may require a written report from them of the state and

condition of the several causes, in which the state is a party,

pending in the courts of their respective counties; he may require

the several prosecuting attorneys to perform, within the respective

counties in which they are elected, any of the legal duties

required to be performed by the attorney general which are not

inconsistent with the duties of the prosecuting attorneys as the

legal representatives of their respective counties; when the

performance of any such duties by the prosecuting attorney

conflicts with his duties as the legal representative of his

county, or for any reason any prosecuting attorney is disqualified

from performing such duties, the attorney general may require the

prosecuting attorney of any other county to perform such duties in

any county other than that in which such prosecuting attorney is

elected and for the performance of which duties outside of the

county in which he is elected the prosecuting attorney shall be

paid his actual traveling and other expenses out of the

appropriation for contingent expenses for the department for which

such services are rendered; the attorney general shall keep in

proper books, a register of all causes prosecuted or defended by

him in behalf of the state or its officers and of the proceedings

had in relation thereto, and deliver the same to his successor in office; and he shall preserve in his office all his official

opinions and publish the same in his biennial report.

Upon request of any member of the West Virginia national guard

who has been named defendant in any civil action arising out of

that guardsman's action while under orders from the governor

relating to national guard assistance in disasters and civil

disorders, the attorney general shall appear as counsel for and

represent such guardsman.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.