Indiana 2024 Regular Session

Indiana House Bill HB1330

Introduced
1/10/24  

Caption

The attorney general and amicus curiae briefs.

Impact

If enacted, HB1330 will affect how the attorney general's office interacts with the judicial system in Indiana. The required approval from the governor before filing an amicus brief could streamline the state’s legal strategy but may also restrict the attorney general's capacity to independently advocate in matters of public interest. Critics may argue that this could create a bottleneck effect wherein important legal stances that require immediate action are delayed pending gubernatorial approval.

Summary

House Bill 1330 introduces significant changes to the procedural authority of the attorney general in Indiana with respect to filing amicus curiae briefs. This bill specifies that the attorney general may only file such briefs with written approval from the governor, adding a layer of executive oversight over legal positions taken by the state in court cases. The measure aims to centralize decision-making in legal representation, ensuring that the governor's office is aligned with the positions argued in court, potentially reflecting broader state policy objectives.

Contention

There is likely to be contention regarding the bill’s implications for the independence of the attorney general's office. Supporters might argue that it ensures accountability and alignment with the governor's policies, which can help present a unified state position in court. However, opponents may view this as a politicization of legal processes, potentially undermining the capacity of the attorney general to act in the best interest of justice and the public without direct political oversight. The proposed legislation could also incite concerns about the separation of powers within the state government.

Notable_points

This bill will amend existing provisions under Indiana law surrounding the filing of amicus curiae briefs, effective July 1, 2024. Such changes reflect a shift towards consolidating power within the executive branch regarding legal representation, which could have long-term implications for how the state engages with critical legal issues across both state and federal courts.

Companion Bills

No companion bills found.

Previously Filed As

IN SB0284

Prosecuting attorneys.

IN SB0280

Prosecuting attorneys.

IN HB1371

Additional prosecuting attorneys.

IN HB1370

Prosecuting attorney commission.

IN HB1215

Miami County deputy prosecuting attorney.

IN HB1441

Property tax assessments.

IN SB0218

Sessions of the general assembly.

IN SB0285

Powers of the general assembly.

IN HB1528

Next generation Hoosier educators scholarship program.

IN HB1107

Restricted addresses.

Similar Bills

No similar bills found.