Goldmark v. McKenna

¶1 In this original action brought in this court, Commissioner of Public Lands Peter Goldmark seeks a writ of mandamus to compel Attorney General Robert McKenna to pursue an appeal from a trial court decision in a condemnation action. Although McKenna provided representation at the trial court, he refused to pursue the appeal based on his evaluation of the merits of the case.

¶2 The attorney general is a constitutionally recognized office that acts as the attorney for state officers and performs other duties “prescribed by law.” Const, art. Ill, § 21. The legislature has delineated what those…