how are attorney generals appointed

by Consuelo Boyle 4 min read

The attorney general is a statutory member of the Cabinet of the United States. Washington, D.C. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

What are the requirements to become an attorney general?

  • at least 18 years of age
  • a citizen of the United States
  • a resident of Texas for at least 12 months

What are the duties of the US Attorney General?

  • Providing opinions on legal questions concerning the State of Georgia or its agencies, which are binding on all state agencies and departments.
  • Representing the State of Georgia in all capital felony appeals before the Supreme Court of Georgia.
  • Representing the State of Georgia in all civil cases before any court.

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Who appoints the Attorney General?

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies.

Are attorney generals elected?

If there is any office that necessitates neutrality, it is the attorney general. Attorney generals are elected in 45 state systems across the country. Only five are appointed by governors. Those who are elected can conduct independent probes of political corruption without regard for allegiances.

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Who appoints the Attorney General us?

The United States attorney general is the head of the U.S. Department of Justice. The position requires a presidential nomination and subsequent confirmation by the United States Senate.

What are the qualifications to be Attorney General of the United States?

The most common qualifications address minimum age, citizenship, residency, electoral status, and bar admission. Others prohibit the attorney general from holding multiple offices. Some states expressly prescribe these qualifications through their constitution or statute.

How powerful is the attorney general?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

What is an Attorney General of a state?

Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general beginning in March 2021. He served as a circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia

What's the difference between US attorney and Attorney General?

The president appoints U.S. attorneys, who mainly serve as administrators. Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

What is the difference between Attorney General and Chief Justice?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.

Is the attorney general higher than the President?

The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.

Can the Attorney General be impeached?

Attorneys General. While impeachment proceedings against cabinet secretaries are an exceedingly rare event, no office has provoked the ire of the House of Representatives more than that of Attorney General. During the first quarter of the 21st century, four Attorneys General have been subjected to the process.

Who was Trump's first Attorney General?

Jeff SessionsSucceeded byDon FosterPersonal detailsBornJefferson Beauregard Sessions III December 24, 1946 Selma, Alabama, U.S.Political partyRepublican33 more rows

What is the role of Attorney General?

(1) The Attorney-General, as the principal legal adviser, shall tender legal advice and opinion to the National Executive following a request to do so and shall of his own initiative give such advice where it appears to him necessary or appropriate for legal advice to be given on a matter.

Why is the Attorney General important?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.

What is the role of the Attorney General of the US?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.

How much does the attorney general of the United States make?

Salary Ranges for Attorney Generals The middle 57% of Attorney Generals makes between $101,019 and $254,138, with the top 86% making $560,998.

What is the role of Attorney General?

(1) The Attorney-General, as the principal legal adviser, shall tender legal advice and opinion to the National Executive following a request to do so and shall of his own initiative give such advice where it appears to him necessary or appropriate for legal advice to be given on a matter.

Who was the attorney general under Trump?

Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018.

What is the role of the Attorney General of the US?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.

What did Attorney General Garland do before becoming a judge?

Before becoming a federal judge, Attorney General Garland spent a substantial part of his professional life at the Department of Justice. He served in both career and non-career positions under five Attorneys General, including as Special Assistant to the Attorney General, Assistant United States Attorney, Deputy Assistant Attorney General in the Criminal Division, and Principal Associate Deputy Attorney General. In those roles, his responsibilities spanned the work of the Department, including criminal, civil, and national security matters. They also included direct supervision of investigations and prosecutions of national importance , including the Oklahoma City bombing, Unabomber, and Montana Freemen cases.

How long has Attorney General Garland been on the bench?

He served as Chief Judge from February 12, 2013 until February 11, 2020 and remained on the bench until his confirmation as Attorney General. In addition to being a published author in the Harvard Law Review and Yale Law Journal, Attorney General Garland has taught as a professor at Harvard Law School, served as the president of the Board ...

When did Garland return to the Department of Justice?

He returned to the Department of Justice as Assistant U.S. Attorney for the District of Columbia from 1989 to 1992. After briefly returning to Arnold & Porter in 1992, Attorney General Garland continued his career in public service as Deputy Assistant Attorney General in the Criminal Division.

What is the role of the Attorney General?

The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice .

How long does an attorney general serve?

Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court ...

How many terms can an attorney general serve in Puerto Rico?

Many states have passed term limits limiting the selection to 2 consecutive terms (9 states); 2 terms maximum (4 states), but 33 states still have no term limits.

Who is the Attorney General of the United States in 2021?

Attorney General Merrick B. Garland was sworn in as the 86 th Attorney General of the United States on March 11, 2021. As the nation’s chief law enforcement officer, Attorney General Garland leads the Justice Department’s 115,000 employees, who work across the United States and in more than 50 countries worldwide. Under his leadership, the Department of Justice is dedicated to upholding the rule of law, keeping our country safe, and protecting the civil rights of all Americans.

What did Attorney General Garland do before becoming a judge?

Before becoming a federal judge, Attorney General Garland spent a substantial part of his professional life at the Department of Justice. He served in both career and non-career positions under five Attorneys General, including as Special Assistant to the Attorney General, Assistant United States Attorney, Deputy Assistant Attorney General in the Criminal Division, and Principal Associate Deputy Attorney General. In those roles, his responsibilities spanned the work of the Department, including criminal, civil, and national security matters. They also included direct supervision of investigations and prosecutions of national importance , including the Oklahoma City bombing, Unabomber, and Montana Freemen cases.

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Overview

The United States attorney general (AG) leads the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

History

Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". Some of these duties have since been transferred to the U…

Presidential transition

It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day (January 20) of a new president. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.

Line of succession

U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors. Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. The current line of succession is:
1. United States Deputy Attorney General

See also

• Executive Order 13787 for "Providing an Order of Succession Within the Department of Justice"