Citations Affected: IC 34-14; IC 34-33.1.
Synopsis: Attorney general matters. Authorizes the attorney general
to intervene in a declaratory judgment action in which a statute,
ordinance, or franchise is alleged to be unconstitutional. Provides that
a court must notify the attorney general if the constitutionality of a state
statute is called into question, and permits the attorney general to
intervene in the case to present evidence and arguments concerning the
constitutionality of the statute. Permits the attorney general to intervene
in a case in which a claim or defense is based on a statute or executive
order administered by a state officer or agency. Authorizes the attorney
general to file an amicus curiae brief without the leave of the parties or
Effective: July 1, 2010.
January 14, 2010, read first time and referred to Committee on Judiciary.
January 28, 2010, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
ARTICLE 33.1. AUTHORITY OF THE ATTORNEY GENERAL
Chapter 1. Authority of the Attorney General to Intervene in Cases Challenging the Constitutionality of a Statute, Ordinance, or Franchise.
Sec. 1. (a) If the constitutionality of a state statute, ordinance, or franchise affecting the public interest is called into question in an action, suit, or proceeding in any court to which any agency, officer, or employee of the state is not a party, the court shall certify this fact to the attorney general and shall permit the attorney general to intervene on behalf of the state and present:
(1) evidence that relates to the question of constitutionality, if the evidence is otherwise admissible; and
(2) arguments on the question of constitutionality.
(b) If a party to an action bases its claim or defense on:
(1) a statute or executive order administered by a state officer or agency; or
(2) a rule, order, requirement, or agreement issued or made under the statute or executive order;
the attorney general shall be permitted to intervene in the action.
Sec. 2. The state, by the attorney general, may file an amicus curiae brief in any matter pending in any state court without the consent of the parties or leave of the court. The attorney general shall file the amicus curiae brief within the time allowed for the party with whom the state is substantively aligned to file the party's brief or petition. However, for good cause shown, a court may permit the attorney general to file a belated amicus curiae brief. If the court permits the filing of a belated amicus curiae brief, the court shall set a deadline for an opposing party to file a reply brief.