Ind. Code § 4-6-2-1 – Prosecuting and defending suits by or against state and state officers

(a) The attorney general shall prosecute and defend all suits instituted by or against the state of Indiana, the prosecution and defense of which is not otherwise provided for by law, whenever the attorney general has been given ten (10) days' notice of the pendency of the suit by the clerk of the court in which the suit is pending, or whenever the governor or a majority of the officers of state require the attorney general in writing, with reasonable notice, to prosecute or defend a suit. The attorney general shall represent the state in all criminal cases in the Supreme Court, and shall defend all suits brought against the state officers in their official relations, except suits brought against them by the state; and the attorney general shall be required to attend to the interests of the state in all suits, actions, or claims in which the state is or may become interested in the Supreme Court of this state.
(b) The attorney general may not defend a member (as defined in IC 2-2.1-4-5 ) in an action for legislative bolting brought under IC 2-2.1-4 .
Formerly: Acts 1889, c.71, s.4; Acts 1921, c.85, s.2. As amended by P.L.229-2011, SEC.43; P.L.215-2016, SEC.34.