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Tuesday, February 02, 2010

Ind. Law - Bill to significantly expand authority of Attorney General up for passage today in the Senate [Updated]

The bill is SB 394 and it is up for first-house passage today, if it has not already passed.

SECTION 2 adds a new article to Indiana Code Title 34 - Civil Law and Procedure.

The NEW article would be IC 34-33.1, and would be headed "Authority of the Attorney General." Here is the proposed Chapter 1, to be added by SB 394:

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.

[Emphasis added by ILB]

[Updated 2/3/10] SB 394 passed third-reading in the Senate yesterday by a vote of 50-0 and has been sent to the House, where it will be sponsored by Rep. Linda Lawson.

Posted by Marcia Oddi on February 2, 2010 01:40 PM
Posted to Indiana Law