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2023 Op. Idaho Att'y Gen. 1 (2023)

handle is hein.sag/sagid0105 and id is 1 raw text is: 






                           STATE OF IDAHO
                       OFFICE OF THE ATTORNEY GENERAL
                            RAcJL R  LABRADOR





                 ATTORNEY GENERAL OPINION NO. 23-1



TO:   The Honorable Bruce Skaug
      Idaho House of Representatives
      P.O. Box 83720
      Boise, Idaho 83720-0038


      You have requested an opinion from the Attorney General on the Attorney
General's authority to prosecute violations of Idaho Code § 18-622. Your request
raises important questions of Idaho law in the public interest and therefore this
opinion is published as an official opinion of the Idaho Office of the Attorney General.

                         QUESTION PRESENTED

      What  authority does the Idaho Attorney General have to bring prosecutions
for criminal abortion under Idaho Code § 18-622?

                                 ANSWER

      The Idaho Attorney General's criminal prosecutorial authority exists only
where  specifically conferred by statute or upon referral or request by county
prosecutors. The Legislature has not granted the Attorney General any authority to
prosecute violations of Idaho Code § 18-622. Thus, the Idaho Attorney General may
bring or assist in a prosecution under Idaho Code § 18-622 only if specifically
requested by a county prosecutor pursuant to an appointment made by a district court
under Idaho Code § 31-2603.







                                EXECUTIVE OFFICE
                       P.O. Box 83720, BOISE, IDAHO B372O-O 0
                    TELEPHONE: (208) 334-2400, FAX: (208) 854-807 I
                    LOCATED AT 700 W. JEFFERSON STREET, SUITE 210

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