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2023 Op. Idaho Att'y Gen. 1 (2023)

handle is hein.sag/sagid0105 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL RAcJL R LABRADOR ATTORNEY GENERAL OPINION NO. 23-1 TO: The Honorable Bruce Skaug Idaho House of Representatives P.O. Box 83720 Boise, Idaho 83720-0038 You have requested an opinion from the Attorney General on the Attorney General's authority to prosecute violations of Idaho Code § 18-622. Your request raises important questions of Idaho law in the public interest and therefore this opinion is published as an official opinion of the Idaho Office of the Attorney General. QUESTION PRESENTED What authority does the Idaho Attorney General have to bring prosecutions for criminal abortion under Idaho Code § 18-622? ANSWER The Idaho Attorney General's criminal prosecutorial authority exists only where specifically conferred by statute or upon referral or request by county prosecutors. The Legislature has not granted the Attorney General any authority to prosecute violations of Idaho Code § 18-622. Thus, the Idaho Attorney General may bring or assist in a prosecution under Idaho Code § 18-622 only if specifically requested by a county prosecutor pursuant to an appointment made by a district court under Idaho Code § 31-2603. EXECUTIVE OFFICE P.O. Box 83720, BOISE, IDAHO B372O-O 0 TELEPHONE: (208) 334-2400, FAX: (208) 854-807 I LOCATED AT 700 W. JEFFERSON STREET, SUITE 210