4.0801 Applicability of provisions of this chapter.

Cite as [A.S.C.A. § 4.0801 ]

(a) Preliminary investigation with respect to certain covered persons. The Attorney General shall conduct a preliminary investigation in accordance with section 4.0802 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Territorial criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.

(b) Persons to whom subsection (a) applies.

The persons referred to in subsection (a) are:

(1) the Governor and Lieutenant Governor;

(2) any appointed contract, or career service director, office/agency head, or other public official;

(3) any member of the Legislature;

(4) any Justice Associate Judge or Judge;

(5) any Assistant Attorney General and any individual working in the Office of the Attorney General;

(6) any individual who held an office or position described in paragraphs (1)-(5) for 1 year after leaving the office or position.

(c) Preliminary investigation with respect to other persons.

When the Attorney General determines that an investigation or prosecution of a person by the Office of the Attorney General may result in a personal financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation of such person in accordance with section 4.0802 if the Attorney General receives information sufficient to constitute grounds to investigate whether that person may have violated Territorial criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.

(d) Examination of information to determine need for preliminary investigation.

(1) Factors to be considered. In determining under subsection (a) or (c) or section 4.0802(c)(2), whether grounds to investigate exist, the Attorney General shall consider only:

(A) the specificity of the information received; and

(B) the credibility of the source of the information.

(2) Time period for making determination. The Attorney General shall determine whether grounds to investigate exist not later than 30 days after the information is first received. If within that 30-day period the Attorney General determines that the information is not specific or is not from a credible source, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 30-day period, whether the information is specific and from a credible source, the Attorney General shall, at the end of that 30-day period, commence a preliminary investigation with respect to that 30-day period, commence a preliminary investigation with respect to that information.

(e) Recusal of Attorney General

(1) When recusal is required.

(A) If information received under this chapter involves the Attorney General, the most senior Assistant Attorney General in the Office of the Attorney General, assigned as a prosecutor, who is not also recused shall perform the duties assigned under this chapter to the Attorney General.

(B) If information received under this chapter involves a person with whom the Attorney General has a personal or financial relationship, the Attorney General shall recuse himself or herself by designating the most senior Assistant Attorney General in the Office of the Attorney General assigned as a prosecutor, who is not also recused to perform the duties assigned under this chapter to the Attorney General.

(2) Requirements for recusal determination. Before personally making any other determination under this chapter with respect to information received under this chapter, the Attorney General shall determine under paragraph (1)(B) whether recusal is necessary. The Attorney General shall set forth this determination in writing, identify the facts considered by the Attorney General, and set forth the reasons for the recusal. The Attorney General shall file this determination with any notification or application submitted to the division of the court under this chapter with respect to such information.

History: 2000, PL 26-30.