SB1021

THE CONTEXT: The AG oversees and directs the Department of Law (DOL) and serves as chief legal officer of Arizona. The Attorney General is the legal advisor of the departments of Arizona and renders legal services as the departments require ( A.

WHAT THE BILL DID: The final vetoed version would add that the clerk of the court must notify the Speaker of the House of Representatives and the President of the Senate when a preceding of constitutionality has no party alleging that the state statute is unconstitutional, mandate the AG defend the constitutionality of all laws passed by the Legislature and signed by the Governor in any legal proceeding, and stipulate the AG must be relieved from defending the constitutionality of any law passed by the legislature if the AG provides notice to the Speaker of the House and President of the Senate at least 10 days before filing any pleading that the AG does not intend to defend the law.

WHY IT MATTERED: The practical reason for this bill was to make the government process for attorney general more definite and accountable. It would add that the clerk of the court must notify the Speaker of the House of Representatives and the President of the Senate when a preceding of constitutionality has no party alleging that the state statute is unconstitutional, and would also mandate the AG defend the constitutionality of all laws passed by the Legislature and signed by the Governor in any legal proceeding, rather than leave the current rule unchanged.