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1997 Tennessee Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagtn0149 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATFORNEY GENERAL 500 CHARLOTTE AVENUE NASHVILLE, TENNESSEE 37243-0497 January 6, 1997 Opinion No. 97-001 Assignment of Staff Attorneys QUESTIONS An assistant to the Commissioner of Finance and Administration has testified before a legislative committee that the Executive Branch is establishing a law department. The attorneys now working under the supervision of several state agencies and departments would be assigned to it. Can the Governor legally establish a law department and assign department and agency attorneys to work under the supervision of the director of the new department without legislative enactment of an amendment to state law? Tenn. Code Ann. § 8-6-301(a) permits the various departments and agencies to employ staff attorneys and requires that those attorneys work solely under the supervision and direction of the particular department or agency that employs them, except when they are working under the direction of the Attorney General. Therefore, assigning the staff attorneys of the several state agencies and departments to work under the supervision of the director of a new, centralized law office or department could not lawfully be accomplished without new legislation. ANALYSIS Tenn. Code Ann. § 8-6-301(a) states: (a) The attorney general and reporter, either in person or by assistant, shall represent all offices, departments, agencies, boards, commissions or instrumentalities of the state now in existence or which may hereafter be created. All legal services required by such offices, departments, agencies, boards, commissions or instrumentalities of the state shall be rendered by, or under the direction of, the attorney general and reporter. This section shall not prevent the various offices, departments, agencies, boards, commissions or instrumentalities of the state from employing other attorneys, working solely under the supervision and at the direction of the agency, for the

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