** TEXT CURRENT AS OF 12TH OCTOBER 2020 **
Attorney General Act (2012)
An Act to establish the Office of the Attorney General.
(1) This Act may be cited as the Attorney General Act (2012).
Office of the Attorney General
(2) The Office of the Attorney General ("The Office") is hereby established.
(3) The President shall nominate an individual to the Office at the commencement of every Presidential term, or if the Office is vacant. Nominees for the Office shall require approval of greater than 2/3rd's of the Senate to take office.
(4) The Office shall be declared vacant if the Attorney General:
b. is no longer qualified to hold the Office under s7 of this Act;;
c. is impeached by a 2/3 majority vote in the Senate;
d. is removed from the Office by the High Court as a sentence for an offence; or
e. is dismissed by the President.
(5) It shall be lawful for the Attorney General, with due discretion, to appoint any person or persons to be their deputy or deputies, and in that capacity to exercise during their pleasure such powers, authorities and functions as they deem it necessary or expedient to delegate to them, subject to any limitations expressed by law; but the appointment of such a deputy or deputies shall not affect the exercise by the principal holder of any power, function or authority.
(6) The Senate shall have power to remove from office any appointed deputies of the Attorney General by a resolution to such effect achieving majority support.
Qualifications of the Attorney General
(7) The Attorney General may not hold: the Office of the President or Vice President; any position in the Judiciary; or any position in the Cabinet not inherently connected to the enforcement or study of the law.
(7)(a) The President is not obliged to include the Attorney General in the cabinet.
Responsibilities of the Attorney General
(8) The Attorney General shall be the default state prosecutor for criminal cases in Europeia, although the Attorney General may appoint an alternate prosecutor for a case, so long as the appointed prosecutor does not have a conflict of interest.
(8bis)(1) The Attorney General, or their designees, may remove citizen offenders from Europeian communication platforms pending trial.
(2) The Attorney General, or their designees, may remove non-citizen offenders from Europeian communication platforms at their discretion.
(9) The Attorney General shall be the primary legal adviser to the President and the Cabinet.
Conflict of Interest
(10) Should a conflict of interest exist, the presiding Justice shall appoint an alternate prosecutor.
(11) The defendant in a criminal case may petition the presiding Justice to determine whether a conflict of interest exists. On receiving such a petition, the presiding Justice shall be obligated to investigate whether such a conflict of interest exists.
(12) In the event that the Attorney General is the subject of a criminal case, the presiding Justice must appoint an alternate prosecutor.