Post by TimS on Jul 6, 2021 16:37:09 GMT -5
1. This Manual contains the policies and procedures the Attorney General of Spiritus shall follow.
2. The Manual is prepared by the Attorney General and provides internal guidance as to how the office of the Attorney General will function. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Nor are any limitations hereby placed on otherwise lawful litigation prerogatives of the Attorney General.
3. The office of the Attorney General was created pursuant to section 5 of the Judiciary Act, and is bound by that law and all other laws of Spiritus and rules promulgated by the Supreme Court of Spiritus.
4. The Government for the purposes of the Manual consists of all officers, agencies, or similar governing organizations created by or pursuant to the Constitution.
5. The Judiciary Act specifies that the Attorney General has the ability to represent the Government in two specific circumstances:
- The prosecution of criminal cases; and
- Civil and advisory proceedings in which the Government is not a party, but still wishes to express an opinion.
6. In addition, the Attorney General will represent any part of the Government in any civil suit that it is a party to, so long as the other party in the suit is not another part of the Government. When a civil suit commences that any part of the Government is a party to, the Attorney General shall contact that part and offer to represent it.
7. The office of the Attorney General cannot and will not represent any non-Government entity. Whenever the Attorney General is participating in a court proceeding it is always doing so on behalf of the Government.
8. When providing the view of the Government to the Supreme Court for the purposes of an advisory opinion, the Attorney General will endeavor to follow these policies:
- The view expressed shall be as general as possible and will attempt to stay away far away from any live or potentially live controversies, in order to prevent issues from being litigated in an advisory opinion
- The view expressed shall be made after consulting with all parts of the government that are potentially affected by the advisory opinion
- The Attorney General shall take all measures to ensure that the view expressed cannot be used against the Government in a future proceeding. The Attorney General can express views in cases that differ from views offered in the past, as the position of the Government can change over time.
9. When the Attorney General represents the Government in a Civil Case, it shall do so to the best of its ability, so long as a reasonable argument can be made to support the Government's position.
10. When the constitutionality of a law is questioned, the Attorney General shall argue to uphold that law unless the Government decides against supporting that law. If different parts of the Government disagree as to whether the law should be defended or not, the Attorney General shall follow the direction of the Chief Executive.
11. When the Government does not prevail, the Attorney General shall automatically appeal whenever reasonably possible.
12. The primary goal of prosecuting criminal cases is to protect Spiritus. Any Citizen who believes criminal charges may need to be filed can contact the Attorney General. The Attorney General shall fully investigate all reports and shall bring charges if, and only if, a case under the Criminal Code can reasonably be brought.
13. This section shall be expanded as necessary.
Last updated July 6th, 2021