AN ACT RELATING TO ELECTIONS -- GENERAL PROVISIONS

2025 Regular Session Introduced by Alex Finkelman

The bill clarifies and expands the Attorney General’s authority to prosecute, defend, and intervene in state court matters, including designating a solicitor general and intervenin

04/22/2025 Committee recommended measure be held for further study

Purpose / intent

HB 5315 modernizes and clarifies portions of MCL 14.28 that describe the Michigan Attorney General’s duties in representing the state. The bill (1) restates the Attorney General’s obligation to prosecute and defend cases in the Michigan Supreme Court in which the state is interested or a party, (2) formalizes the ability to designate a solicitor general to handle Supreme Court matters, and (3) clarifies the Attorney General’s authority to intervene and appear for the people of the state in other courts or tribunals — either when requested by the governor or either branch of the legislature, or when the Attorney General determines the state’s interests require intervention.

Key provisions

Confirms the Attorney General “shall prosecute and defend” all actions in the Michigan Supreme Court in which the state is interested or a party.

Permits the Attorney General, at their discretion, to designate an assistant attorney general as "solicitor general" to take charge of Supreme Court causes and perform assigned duties.

Provides that the Attorney General:

shall intervene and appear for the people of the state in other state courts or tribunals when requested by the governor or either branch of the legislature; and
may, on the Attorney General’s own judgment when the state’s interests require it, intervene in any other court or tribunal in the state in civil or criminal causes or matters in which the people of the state are a party or have an interest.

Who would be affected

State of Michigan and its agencies: centralizes and clarifies who may represent the state before courts and tribunals.

Attorney General’s office: formalizes the solicitor general role and confirms discretion to intervene in matters outside the Supreme Court.

Governor and Legislature: retains explicit ability to request Attorney General intervention in litigation.

Parties to litigation involving the state (including state officers, public employees, local governments, private litigants): potentially subject to greater or more explicit involvement by the Attorney General in matters where the state has an interest.

Procedural status and timeline

Filed: March 14, 2025 (and later reintroduced/ electronically reproduced 12/02/2025)

Introduced (Rep. Jay DeBoyer): December 2, 2025; read first time December 2, 2025

Earlier actions: read first time April 7, 2025; referred to subcommittee on Workforce (by Speaker) on April 7, 2025

Other referrals noted: Committee on Judiciary (12/02/2025); reference to Joint Committee on Environment (1/16/2025)

As of the latest entry, HB 5315 is at the committee referral stage; no final legislative action recorded.

Potential impact / considerations

Clarifies and potentially expands the Attorney General’s formal authority to intervene in litigation across state tribunals, which could centralize legal strategy for matters implicating state interests.

May affect litigation involving state agencies, public officers, and disputes where the state has an indirect interest; practical effects will depend on how the Attorney General exercises the discretion created or clarified by the bill.

The bill does not specify funding changes or new administrative structures beyond the solicitor general designation.

Bill