Louisiana Code of Criminal Procedure 62 – Authority of attorney general; supervision of district attorney
Terms Used In Louisiana Code of Criminal Procedure 62
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
A. The attorney general shall exercise supervision over all district attorneys in the state.
B. The attorney general has authority to institute and prosecute, or to intervene in any proceeding, as he may deem necessary for the assertion or protection of the rights and interests of the state.
C. In any criminal action or proceeding involving a homicidal death, if deemed necessary for the assertion or protection of the rights and interests of the state, and in accordance with the provisions of La. Const. Art. IV, § 8 , the attorney general may, with the consent of the district attorney, investigate, prosecute or intervene in the action or proceeding.
D. Any pleading containing an allegation of unconstitutionality of a criminal law shall be in writing and served upon the attorney general of the state. Upon proper service, the attorney general shall have thirty days to respond to the allegations or represent or supervise the interests of the state. The attorney general shall have a right to directly appeal adverse rulings to the Supreme Court of Louisiana for supervisory review whether or not the attorney general participated in the underlying proceeding.
Acts 2003, No. 1223, §1; Acts 2024, 2nd Ex. Sess., No. 12, §2.