Case Details

Issues

Authority To Seek Injunction, Common Law Powers

Filing State

KY

Court

Kentucky Supreme Court

Year

2009

Citation

Comm. ex rel. Conway v. Thompson, 2009 Ky. LEXIS 290 (Ky. 2009)

Resolution

The court held that the Kentucky Attorney General has all common law duties pertaining to the office, except where abrogated by statute. The Attorney General thus has the power to bring “any action which he or she thinks necessary to protect the public interest, a broad grant of authority which includes the power to act to enforce the state’s statutes.”

Case Description

The Kentucky Attorney General sought to enjoin the Department of Corrections decision to release a number of parolees early (because of a new state statute). The Kentucky Supreme Court overruled its earlier decision, holding “we have no doubt that the Attorney General of the Commonwealth of Kentucky has standing to seek injunctive relief on behalf of the citizens of the Commonwealth.” The court noted that the Attorney General of Kentucky has all common law duties pertaining to the office, except where abrogated by statute. The Attorney General thus has the power to bring “any action which he or she thinks necessary to protect the public interest, a broad grant of authority which includes the power to act to enforce the state’s statutes.” The court concluded, “[W]e now hold that the Attorney General has a sufficient personal right in these types of cases by virtue of the office and the duties commensurate with that high office.”