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Old November 21, 2012, 12:43 PM   #8
Don H
Senior Member
Join Date: May 8, 2000
Location: SLC,Utah
Posts: 2,704
Originally Posted by nate45
Isn't the States AG duty bound to defend the State in such cases? Much like a defense attorney defends his client. Isn't she supposed to put forth here best effort to advocate the side she is on, regardless of her personal opinion?
Yes. From the Florida Attorney general's site:
The Role and Function of the Attorney General
...The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is authorized to issue formal legal opinions at the request of various public officials on questions relating to the application of state law...
I recall instances here in Utah where the AG opined that the law he was defending was unconstitutional (either federal or state), and yet defended it vigorously and sometimes successfully. I would imagine it's the same way in other states.
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