Expanding the Attorney General’s investigative powers

Senate Bill 5925 gives the Attorney General, or the attorneys under his authority, new authority to issue civil investigative demands before filing a lawsuit. These demands can require people, businesses, and organizations to turn over documents, answer written questions, or provide oral testimony if the Attorney General believes they may have information relevant to a possible violation of certain state or federal laws.

The bill applies to a wide range of issues, including alleged violations tied to constitutional claims, labor laws, anti-discrimination laws, wage laws, and conditions in correctional facilities. It also allows the Attorney General, in some cases, to seek court approval to prohibit the recipient from disclosing the existence or contents of the demand. Violating that nondisclosure order can be a misdemeanor.

In practice, this means the Attorney General’s Office can compel participation in an investigation before any civil case is filed and before wrongdoing has been proven in court.

Why is this a bad policy?

• Expands government power with limited checks up front. The bill allows the Attorney General to demand records, written responses, and testimony before filing a case, giving the state significant investigative power without first proving its claims in court.
• Creates a risk of fishing expeditions. Because the bill applies to broad categories of possible violations, it opens the door to sweeping investigations based on suspicion rather than established wrongdoing.
• Forces compliance before a case is even filed. Individuals, employers, nonprofits, and other entities may have to spend time and money responding to extensive demands even if no lawsuit is ever brought.
• Allows secrecy around government investigations. If a court approves a nondisclosure requirement, recipients can be barred from talking about the demand, and violating that order can be charged as a misdemeanor. That reduces transparency and makes it harder for the public to know how this authority is being used.
• Shifts more power to the Attorney General’s Office without clear safeguards for abuse. While the bill includes procedures for challenging a demand, the burden still falls on the recipient to go to court and fight it.

Bottom line

SB 5925 gives the Attorney General and the attorneys under his authority a powerful new tool to compel documents, testimony, and answers before filing a lawsuit. That may sound procedural, but it represents a major expansion of government authority with the potential for secrecy, costly compliance burdens, and abuse.