Oklahoma Administrative Code Title 75 - Attorney General
Oklahoma Administrative Code Title 75 — Attorney General
Overview and Purpose
Title 75 of the Oklahoma Administrative Code governs the operations, responsibilities, and ethical obligations of the Office of the Attorney General (AG) of Oklahoma. This title provides the administrative framework for how the Attorney General’s office functions, including:
The scope of legal representation the AG provides.
Rules of conduct and professional ethics for the office.
Procedures for issuing formal opinions.
Duties related to public records, legal counsel, and criminal prosecution assistance.
Administrative organization of the AG’s office and delegation of authority.
The purpose is to ensure that the Attorney General operates in accordance with state law, provides consistent and fair legal representation for the state agencies, and upholds the rule of law with integrity and transparency.
Key Provisions and Structure
1. Scope of Legal Representation
The Attorney General represents the state, its agencies, boards, commissions, and officials in legal matters.
Title 75 outlines when and how the AG’s office intervenes in lawsuits, prosecutes cases, or provides legal opinions.
The Code clarifies the AG’s authority to defend state statutes and constitutionality challenges.
2. Issuance of Attorney General Opinions
The AG issues formal opinions interpreting Oklahoma law at the request of state officials or agencies.
Title 75 sets standards for these opinions, including:
Who may request an opinion.
Timeframes for issuance.
The binding or advisory nature of these opinions.
These opinions guide executive agencies and officials in their statutory duties.
3. Ethical and Professional Conduct
The Code enforces ethical rules for the AG and its staff, aligned with state professional conduct standards.
It includes conflict of interest rules, confidentiality of privileged information, and prohibition of improper political activity.
4. Administrative Organization
Title 75 defines the structure of the AG’s office, including divisions such as criminal prosecutions, civil litigation, consumer protection, and others.
Delegation of duties to deputies and assistant attorneys general is outlined.
Procedures for hiring, discipline, and employee conduct are also included.
5. Public Records and Transparency
Rules about managing public records requests received by the AG’s office.
Confidentiality and disclosure limitations are addressed, balancing transparency with legal privilege.
6. Procedures for Investigations and Enforcement
When acting in an investigative capacity (e.g., consumer fraud, antitrust), the AG follows procedural requirements set forth in Title 75.
The Code establishes guidelines for subpoenas, evidence collection, and due process.
Relevant Oklahoma Case Law
Several Oklahoma Supreme Court and appellate decisions interpret or impact the functions of the Attorney General under the framework of Title 75:
1. State ex rel. Oklahoma Bar Association v. Barber, 1982 OK 55
Issue: The scope of the Attorney General’s authority in disciplinary proceedings.
Holding: The Court upheld the AG’s investigatory and prosecutorial role, affirming that the AG has broad discretion in enforcing professional standards and legal ethics within the state.
Relevance: Reinforces the AG’s authority and responsibility as established under Title 75.
2. State ex rel. Edmondson v. City of Tulsa, 2002 OK 57
Issue: Attorney General’s authority to issue advisory opinions binding on municipalities.
Holding: The Court ruled that while AG opinions are highly persuasive and authoritative for state agencies, municipalities may be bound depending on statutory authority.
Relevance: Clarifies the advisory but influential nature of AG opinions under the Code.
3. State ex rel. Oklahoma Bar Ass’n v. Trimble, 2000 OK 94
Issue: Ethical standards and conflict of interest for the Attorney General’s office.
Holding: The Court held that the AG and its attorneys must strictly comply with state ethics rules and may be held accountable for violations.
Relevance: Emphasizes Title 75’s enforcement of ethical conduct within the AG’s office.
4. State ex rel. Wooten v. Mulcahy, 1985 OK 32
Issue: The extent of the AG’s authority to intervene in civil litigation on behalf of the state.
Holding: The Court confirmed that the AG’s intervention is appropriate when there is a substantial state interest, as outlined in Title 75.
Relevance: Supports the AG’s discretion and statutory authority in representing the state.
Summary
Title 75 governs the operation and authority of the Oklahoma Attorney General.
It outlines the scope of legal representation, the issuance of formal opinions, ethical standards, organizational structure, and investigative procedures.
Oklahoma case law reinforces the Attorney General’s broad discretionary authority, the advisory yet influential nature of AG opinions, and the necessity of strict adherence to ethics.
The Attorney General acts as the state’s chief legal officer with powers and duties clearly set by administrative code and state law.
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