Ex Parte State of Alabama (in Re Governor Bob Riley v. Cornerstone Community Outreach, Inc. State of Alabama v. Chad…

Summary

The court held that the Governor could direct authorized district attorneys, supernumerary district attorneys, and other officers to investigate and prosecute alleged illegal gambling without prior approval from the Attorney General or local district attorney. It further held that the Attorney General could not assume control of, countermand, or invalidate litigation pursued under the Governor's constitutional and statutory authority, and it overruled the prior decision adopting broader Attorney General control. The court granted mandamus, vacated the trial court's orders, and directed expedited consideration of the forfeiture proceeding. Chief Justice Cobb, concurring in part and concurring in the result, agreed that the Governor has ultimate executive authority but would preserve the Attorney General's ability to intervene and present independent legal positions; Justice Lyons specially concurred while reserving that issue.