Actions and proceedings; employment of counsel

75-108. Actions and proceedings; employment of counsel. Whenever the governor shall receive notice of the commencement of any action or proceedings, by which the rights, interests or property of the state shall be liable to be affected, the governor shall inform the attorney general thereof, and require the attorney general to act in conjunction with the counsel of the proper party to protect the interests of the state; and in any such case, or in any action prosecuted or defended in behalf of the state, he or she may, if the public interests require it, employ such counsel as he or she shall deem proper to assist in any such action or proceeding; and in case of the absence or sickness of the attorney general, or if he or she shall be in any way interested adversely to the state in any action or proceeding, the governor may employ counsel to act in his or her stead. History: L. 1879, ch. 166, § 11; March 20; R.S. 1923, 75-108. Source or prior law: L. 1861, ch. 58, § 2; G.S. 1868, ch. 102, § 3. CASE ANNOTATIONS 1. Governor without authority to control attorney general's power and authority as officer of supreme court. State, ex rel., v. City of Kansas City, 186 Kan. 190, 194, 350 P.2d 37. 2. Governor without power to interfere with performance of judicial functions by courts. State, ex rel., v. City of Kansas City, 186 Kan. 190, 194, 350 P.2d 37. 3. When attorney general prosecutes case at county attorney's request, attorney general can only be removed for cause. State ex rel. Stephan v. Reynolds, 234 Kan. 574, 576, 673 P.2d 1188 (1984). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026