Maine Supreme Court Rules in Favor of LePage Administration

Opinion finds Attorney General lacks authority to direct litigation in certain cases

Contact: Adrienne Bennett, Press Secretary, 207-287-2531

AUGUSTA – Governor Paul R. LePage released a statement Tuesday regarding the Maine Supreme Judicial Court’s opinion stating the Attorney General does not have the authority to direct litigation involving a state Executive Branch agency when the Attorney General decides to oppose the State in litigation.

That means the Attorney General does not have authority over litigation decisions and expenses in such cases.

The opinion was in response to questions raised by Governor LePage and argued before the Court on February 26.

“The Supreme Judicial Court affirmed my belief that the Attorney General should not have authority over litigation that the Executive is involved in when the Attorney General decides to publicly take the opposite position,” said Governor LePage. “When that happens, it is a clear conflict of interest, and I thank the Justices for recognizing it.”

“Neither Maine’s Constitution nor its statutes or common law require or authorize the Attorney General to manage or direct the Executive Branch’s litigation once the Attorney General has authorized the Branch to employ private counsel and has taken an opposing position in the litigation,” states the opinion of the Court in Paragraph 37.