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  1. #1
    Join Date
    May 2018
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    1

    Post Can the State Use the Attorney General's Office as Defense Counsel

    My question involves court procedures for the state of:

    I'm an ex employee of a state court and I filed a complaint (EEOC, USSERA, Title VII, etc.) in a federal court against my employer. The state court is using the state's Attorney General Office to representing 8 employees (judges, clerks, and 1 that retired 8 years ago) of the court. Does that violate any ethics for the court by using the Attorney General Office?

  2. #2
    Join Date
    Apr 2018
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    100

    Default Re: Defendants Counsel

    That is the primary purpose of the Attorney General's Civil Division, to defend the state and its employees in civil lawsuits.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,931

    Default Re: Defendants Counsel

    Quote Quoting stefanie
    View Post
    My question involves court procedures for the state of:

    I'm an ex employee of a state court and I filed a complaint (EEOC, USSERA, Title VII, etc.) in a federal court against my employer. The state court is using the state's Attorney General Office to representing 8 employees (judges, clerks, and 1 that retired 8 years ago) of the court. Does that violate any ethics for the court by using the Attorney General Office?
    First, federal law (and thus federal courts) do not regulate how a state attorney general office functions. If there is any problem with the representation, it would have to be under the laws of your state, and you did not mention the state. That said, I agree with doucar that one of the principal functions of an attorney general is to represent the government and its employees (when sued in their official capacity) in court. So at least in most states, this representation would not violate any law or ethical rule; instead it would be what is expected.

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