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The Role of the State Attorney General-Harvard Law School-Spring 2023

Feeney v. Commonwealth

The Massachusetts Supreme Court in Feeney v. Commonwealth, 373 Mass. 359, 366 N.E.2d 1266 (1977), expressly gives its state attorney general the authority to control all litigation even over the objection of the Governor and state agencies.  Although this case reflects the majority rule, the issue is continually revisited in litigation, in statute and in legislatuve budgetary authority with the issue often resolved on an agency by agency basis.