W. Va. Code § 5-3-1

Section 5-3-1 makes the Attorney General the legal representative and provider of legal advice to the Tax Commissioner and State Tax Department, absent a specific statutory exemption.

State Ex Rel. Caryl v. MacQueen · filed 1989-11-03

We believe this situation properly reflects the general rule .that the Attorney General remains the legal representative of the State and its agencies unless specifically exempted by statute. No such specific exemption exists under W.Va.Code §§ 11-1-1 et seq. or 11-10-1 et seq. When W.Va. Code § 5-3-1 is read in conjunction with W.Va.Code §§ 11-1-1 and ll-10-5q(c), we can only conclude that the Attorney General stands as the legal representative of the Tax Commissioner and State Tax Department.

Section 5-3-1 requires the Attorney General, when requested in writing by the Secretary of State, to provide legal advice and to prosecute or defend suits and other legal proceedings for that officer.

Manchin v. Browning · filed 1982-09-16

By statute the Attorney General is required to provide legal services to enumerated state agencies and officials, including the Secretary of State, upon request. ... These provisions clearly designate the Attorney General as the legal advisor and representative of the Secretary of State and other state officers when they are sued in their official capacities. The Attorney General is required to give legal advice, to prosecute and defend suits and to appear in court on their behalf.

Section 5-3-1 gives the Attorney General authority to represent state correctional officials in federal habeas proceedings.

Farmer v. McBride · filed 2006-04-26

McBride was properly represented by the Attorney General’s Office in West Virginia, which possesses clear statutory authority to represent such state officials in federal habeas proceedings, and there is no dispute that the Attorney General received notice.