“We recognize that there may be times when the Governor disagrees with the attorney general about matters in litigation. Although we determine that the attorney general is authorized to direct the course of all litigation involving the State and its agencies, the Governor, as 'chief magistrate’ of the State, may intervene in any such litigation. ... As an intervenor, the Governor may express his views and take positions contrary to those argued by the attorney general.” (footnote omitted)
How later courts described this case
- “We recognize that there may be times when the Governor disagrees with the attorney general about matters in litigation. Although we determine that the attorney general is authorized to direct the course of all litigation involving the State and its agencies, the Governor, as 'chief magistrate’ of the State, may intervene in any such litigation. ... As an intervenor, the Governor may express his views and take positions contrary to those argued by the attorney general.” (footnote omitted)
- indicating that the attorney general could appear as counsel for opposing sides of a dispute
- ‘“[A]U litigation concerning the interest of the state or any department thereof [lies] under the direction and control of the attorney general.”’ Quoting State ex rel. Carmichael v. Jones, 252 Ala. 479, 484, 41 So.2d 280, 284 (Ala.1949).
- governor may intervene to take contrary position to attorney general
Written by the judges who cited it.
The opinion
The Governor is the highest constitutional officer in this state. Our Constitution provides that "the supreme executive power of this state shall be vested in a chief magistrate, who shall be styled 'the Governor of the state of Alabama.' " Article V, § 113, Alabama Constitution of 1901. "The Governor shall take care that the laws be faithfully executed." Article V, § 120.
I believe that this Court would be correct and wise to allow the Governor to make important executive decisions affecting the lives and health of our citizens. Indeed, this is required by our Constitution.
This view is not inconsistent with the right of the attorney general to intervene in a case when he disagrees with the action of a state agency. The Supreme Court of Mississippi stated this position in State ex rel. Allain v. Mississippi Public Service Comm'n , 418 So.2d 779 , 784 (Miss. 1982):
"The unique position of the Attorney General requires that when his views differ from or he finds himself at odds with an agency, then he must allow the assigned counsel or specially appointed counsel to represent the agency unfettered and uninfluenced by the Attorney General's personal opinion. If the public interest is involved, he may intervene to protect it."
I think this position is practical and is in the best interests of all the people of this state. I, therefore, respectfully dissent.
MADDOX, J., concurs.