Sec. 3-125. Duties of Attorney General; deputy; assistants; associate attorneys
general. The Attorney General shall appoint a deputy, who shall be sworn to the faithful
discharge of his duties and shall perform all the duties of the Attorney General in case
of his sickness or absence. He shall appoint such other assistants as he deems necessary,
subject to the approval of the Governor. The Attorney General may also appoint not
more than four associate attorneys general who will serve at the pleasure of the Attorney
General and will be exempt from the classified service. The Attorney General shall have
general supervision over all legal matters in which the state is an interested party, except
those legal matters over which prosecuting officers have direction. He shall appear for
the state, the Governor, the Lieutenant Governor, the Secretary, the Treasurer and the
Comptroller, and for all heads of departments and state boards, commissioners, agents,
inspectors, committees, auditors, chemists, directors, harbor masters, and institutions
and for the State Librarian in all suits and other civil proceedings, except upon criminal
recognizances and bail bonds, in which the state is a party or is interested, or in which
the official acts and doings of said officers are called in question, and for all members
of the state House of Representatives and the state Senate in all suits and other civil
proceedings brought against them involving their official acts and doings in the discharge of their duties as legislators, in any court or other tribunal, as the duties of his
office require; and all such suits shall be conducted by him or under his direction. When
any measure affecting the State Treasury is pending before any committee of the General
Assembly, such committee shall give him reasonable notice of the pendency of such
measure, and he shall appear and take such action as he deems to be for the best interests
of the state, and he shall represent the public interest in the protection of any gifts,
legacies or devises intended for public or charitable purposes. All legal services required
by such officers and boards in matters relating to their official duties shall be performed
by the Attorney General or under his direction. All writs, summonses or other processes
served upon such officers and legislators shall, forthwith, be transmitted by them to the
Attorney General. All suits or other proceedings by such officers shall be brought by
the Attorney General or under his direction. He shall, when required by either house of
the General Assembly or when requested by the president pro tempore of the Senate,
the speaker of the House of Representatives, or the majority leader or the minority
leader of the Senate or House of Representatives, give his opinion upon questions of
law submitted to him by either of said houses or any of said leaders. He shall advise or
give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. He may procure such assistance as he
may require. Whenever a trustee, under the provisions of any charitable trust described
in section 45a-514, is required by statute to give a bond for the performance of his duties
as trustee, the Attorney General may cause a petition to be lodged with the probate court
of the district in which such trust property is situated, or where any of the trustees reside,
for the fixing, accepting and approving of a bond to the state, conditioned for the proper
discharge of the duties of such trust, which bond shall be filed in the office of such
probate court. The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from
time to time, update the same.
(1949 Rev., S. 212; 1971, P.A. 829; P.A. 76-291; P.A. 83-464, S. 4, 5; 83-548, S. 1, 3; P.A. 84-546, S. 153, 173; P.A.
88-312; P.A. 00-99, S. 19, 154.)
History: 1971 act required attorney general to issue and update cross-index of legal opinions; P.A. 76-291 required
attorney general to represent general assembly members in proceedings brought against them concerning their official acts
as legislators; P.A. 83-464 provided the attorney general shall appear for the high sheriffs or their chief deputies except in
matters for which they are insured or required to be insured by statute; P.A. 83-548 added provision re appointment of
four associate attorneys general; P.A. 84-546 made technical change, referring to divisions of general assembly as "houses"
rather than "branches"; P.A. 88-312 required attorney general to give an opinion on questions of law when requested by
president pro tempore of senate, speaker of house of representatives or majority or minority leader of senate or house; P.A.
00-99 deleted references to high sheriffs or their chief deputies, effective December 1, 2000.
Cited. 98 C. 112. Scope of duties in enforcing charitable gifts. 102 C. 422. In case of public charitable trust, attorney
general or trustees, and not beneficiaries, are proper parties to appeal from acceptance of final account of administrator.
106 C. 591. Cited. 115 C. 560. In suit to terminate private trust, joinder of attorney general as defendant is not adequate
representation of unborn parties in interest. 125 C. 649. Cited. 133 C. 91. Assistants appointed under this section are to
assist attorney general in performance of general duties. Id., 342. Failure of trustees to apply standard of public interest
provided by testatrix was an abuse of discretion. 139 C. 612. Attorney general properly a party in action to terminate
testamentary trust and to substitute compromise agreement as charitable bequests were involved. 145 C. 634. Cited. 151
C. 517; 152 C. 591; 154 C. 683, 692. Attorney general represents public interest in protecting charitable dispositions and
was proper party defendant where educational trust was challenged. 157 C. 265. Cited. 158 C. 439. Failure to join attorney
general in action for declaratory judgment concerning charitable funds is jurisdictional defect. 160 C. 557. Cited. 161 C.
312. Cited. 164 C. 548, 551. Cited. 166 C. 21, 25. An attorney general's opinion, previously rendered on a question of
law, which has now come before the court, is entitled to careful consideration and generally regarded as highly persuasive,
but is not binding. Id., 113, 118. Attorney general must, under this section, represent the public interest as a necessary
party in any litigation involving a public trust. 172 C. 496, 505. Cited (dissent). Id., 496, 510. Cited. 174 C. 308, 312, 317.
Cited. 179 C. 62, 74; Id., 198, 206, 208. Cited. 187 C. 109, 115. Cited. 217 C. 404, 407. Cited. 234 C. 539, 562. Cited. 243
C. 1.
Cited. 41 CA 790, 793. Cited. 43 CA 365.
Attorney general properly a party in an action seeking injunction against demolition of memorial bridges built with
charitable gifts. 16 CS 229. Cited. 17 CS 320. Attorney general may file motion for contempt for failure to obey a court
order for support of children and motion for order increasing amount where state has paid substantial sums in aid to
dependent children. 19 CS 214. Cited. 26 CS 384, 386. Attorney general is representative of public interest in protection
of trusts for charitable uses. Id., 394, 396. Cited. 27 CS 484; 28 CS 244; Id., 469. Cited. 30 CS 87, 101. Cited. 37 CS 50,
76. Cited. 39 CS 80, 81. Cited. 40 CS 116-118.
Sec. 3-125a. Certain agreements or stipulations required to be approved by
General Assembly. (a) Notwithstanding the provisions of subsection (h) of section 4-160, the Attorney General shall not enter into any agreement or stipulation in connection
with a lawsuit to which the state is a party that contains any provision which requires
an expenditure from the General Fund budget in an amount in excess of two million
five hundred thousand dollars over the term of the agreement or stipulation, unless the
General Assembly, by resolution, accepts the terms of such provision. The General
Assembly may reject such provision by a three-fifths vote of each house. Such provision
shall be deemed approved if the General Assembly fails to vote to approve or reject
such provision within thirty days of the date of submittal pursuant to subsection (b) of
this section.
(b) Each such agreement or stipulation shall be submitted to the General Assembly
by the Attorney General and shall be referred to the committees of cognizance which
shall report thereon by resolution.
(June Sp. Sess. P.A. 91-3, S. 165, 168; P.A. 98-76, S. 2.)
History: June Sp. Sess. P.A. 91-3, S. 165 effective June 1, 1992; P.A. 98-76 amended Subsec. (a) to make a technical
change in a statutory reference.
Sec. 3-125b. Delegation of labor relations matters to the Secretary of the Office
of Policy and Management. The Attorney General may delegate to the Secretary of
the Office of Policy and Management the authority to appoint an attorney employed by
said office to represent the state of Connecticut in matters relating to certain appeals to
the Superior Court from an arbitration, decision or determination or any other labor
relations issue involving the Office of Labor Relations. The Attorney General may enter
into a memorandum of understanding with the Secretary of the Office of Policy and
Management which shall list the types of appeals which are the subject of such delegation.
(May Sp. Sess. P.A. 04-2, S. 101.)
History: May Sp. Sess. P.A. 04-2 effective May 12, 2004.
Sec. 3-126. Protection of interstate watercourses. The Attorney General is authorized to investigate and, with the approval of the Governor, to take such action as is
deemed necessary to protect the state from damage by diversion or other interference
with water from streams without the state which enter or are tributary to streams flowing
within the state. Any expenses incurred by the Attorney General in instituting or maintaining proceedings incident to such action shall be paid from the Treasury on the approval of the Comptroller.
(1949 Rev., S. 214.)
Contract between Connecticut and New York water companies to construct reservoir spanning state line not evasion
of this section. 145 C. 526.
Sec. 3-127. Negotiations concerning interstate watercourses. The Attorney
General is authorized, with the approval of the Governor, to negotiate and contract, in
the name of the state, with any commission appointed by another state, or with any
authorized agent thereof, concerning the use, allocation or diversion of any waters from
streams or tributaries without the state of streams which in their natural course flow
through, into or across the state.
(1949 Rev., S. 215.)
Contract between Connecticut and New York water companies to construct reservoir spanning state line not evasion
of this section. 145 C. 526.
Sec. 3-128. Signature machines. The Attorney General may authorize the use of
a signature machine by any officer or department of the state for the purpose of attaching
signatures to any warrant, order or check in connection with the disbursement of money
in behalf of the state.
(1949 Rev., S. 216.)
Sec. 3-129. To proceed against healing arts practitioners accused of obtaining
licenses through misrepresentation. The Attorney General may, upon his own motion
or upon the sworn complaint of any two electors within the county in which any person
holding a certificate of registration to practice any of the healing arts resides, prefer
charges to the superior court of such county against such person, alleging that he procured such certificate through fraud, and said court shall, within fourteen days thereafter,
summon such person to appear before it at a given time and place to show cause why
his certificate of registration should not be revoked. Such summons may be served by
any proper officer by leaving a copy thereof with the accused or at his usual place of
abode at least six days before the same is returnable. If such court, upon hearing, finds
such charges to be sustained, it shall certify such finding to the Commissioner of Public
Health, who shall thereupon revoke such certificate. The procedure authorized in this
section shall be in addition to any procedure authorized by any other statutory provision.
(1949 Rev., S. 217; 1957, P.A. 13, S. 2; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 substituted commissioner of health services for commissioner of health, effective January 1, 1979;
P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective
July 1, 1993; P.A. 95-257 replaced Commissioner of Public Health and Addiction Services with Commissioner of Public
Health, effective July 1, 1995.
Public is protected even though the state department of health or the examining board fails or refuses to act properly.
15 CS 468.
Sec. 3-129a. Suppression of criminally operated corporations. (a) The Attorney
General is authorized to institute civil proceedings in the Superior Court to forfeit the
charter of any corporation organized under the laws of this state and to revoke the certificate of authority of any foreign corporation to carry on business in this state, when: (1)
Any of the corporation officers or any other person controlling the management or
operation of such corporation, with the knowledge of the president and a majority of
the board of directors or under such circumstances that the president and a majority
of the directors should have knowledge, is a person engaged in organized gambling,
organized traffic in narcotics, organized extortion, organized bribery, organized embezzlement or organized prostitution, or who is connected directly or indirectly with organizations, syndicates or criminal societies engaging in such; or (2) a director, officer,
employee, agent or stockholder acting for, through or on behalf of such corporation has,
in conducting the corporation's affairs, purposely engaged in a persistent course of
gambling, unlawful traffic in narcotics, extortion, embezzlement, intimidation and coercion, bribery, prostitution, or other such criminal conduct with the knowledge of the
president and a majority of the board of directors or under such circumstances that the
president and a majority of the directors should have such knowledge, with the intent
to compel or induce other persons, firms or corporations to deal with such corporation
or to engage in any such criminal conduct; and (3) for the prevention of future illegal
conduct of the same character, the public interest requires the charter of the corporation
to be forfeited and the corporation to be dissolved or the certificate of authority to be
revoked.
(b) The proceedings authorized by subsection (a) of this section may be instituted
against a corporation in the superior court for any county in which it is doing business
and the proceedings shall be conducted in accordance with the rules of civil procedure
and the applicable rules of court. Such proceedings shall be deemed additional to any
other proceeding authorized by law for the purpose of forfeiting the charter of a corporation or revoking the certificate of authority of a foreign corporation.
(1971, P.A. 308, S. 1, 3 (a).)
Sec. 3-129b. Suppression of criminally operated businesses other than corporations. (a) The Attorney General is authorized to institute civil proceedings in the
Superior Court to enjoin the operation of any business other than a corporation, including
a partnership, limited partnership, unincorporated association, joint venture or sole proprietorship, when: (1) Any person in control of any such business, who may be a partner
in a partnership, a participant in a joint venture, the owner of a sole proprietorship, an
employee or agent of any such business, or a person who, in fact, exercises control over
the operations of any such business, has, in conducting its business affairs, purposely
engaged in a persistent course of gambling, unlawful traffic in narcotics, extortion,
embezzlement, intimidation, bribery, prostitution, or other such illegal conduct with the
intent to compel or induce other persons, firms or corporations to deal with such business
or engage in any such illegal conduct, and (2) for the prevention of future illegal conduct
of the same character, the public interest requires the operation of the business to be
enjoined.
(b) The proceedings authorized by subsection (a) of this section may be instituted
against a business other than a corporation in the superior court for any judicial district
in which it is doing business and the proceedings shall be conducted in accordance with
rules of civil procedure and the applicable rules of court.
(1971, P.A. 308, S. 2, 3 (b); P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 deleted reference to county.