What does the California Attorney General do?
Description. The California Attorney General serves as the chief legal executive, heading the California Department Of Justice. Primary responsibilities of this position include, enforcing state laws, prosecution of individuals and agencies when violations have occurred, and providing legal counsel to state agencies and officers upon request.
Who is the chief law officer of the state of California?
TO BE PUBLISHED IN THE OFFICIAL REPORTS . OFFICE OF THE ATTORNEY GENERAL State of California . XAVIER BECERRA Attorney General : OPINION : No. 18-304 : of : July 25, 2019 : XAVIER BECERRA : Attorney General : : LAWRENCE M. DANIELS : Deputy Attorney General : : THE HONORABLE STACEY SIMON, COUNTY COUNSEL OF MONO
Is it legal to hold two government positions in California?
As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.
How long is the term for Attorney General in California?
California law gives discretionary authority to a locally elected prosecutor in filing criminal actions. The decision whether or not to file charges calls for consideration of the prospects of obtaining a conviction against a particular defendant.
Are California attorney Generals elected?
The California attorney general is elected to a four-year term, with a maximum of two terms. The election is held at the same statewide election as the governor, lieutenant governor, controller, secretary of state, treasurer, superintendent of public instruction, and insurance commissioner.
How is the US Attorney General elected?
The attorney general is a statutory member of the Cabinet of the United States. 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.
Does the US Attorney General have to be approved by Congress?
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.
How much does the Attorney General of California make?
State executive salariesOffice and current officialSalaryGovernor of California Gavin Newsom$209,747Lieutenant Governor of California Eleni KounalakisAttorney General of California Rob BontaCalifornia Secretary of State Shirley Weber6 more rows
Who is the California state attorney general?
Attorney General Rob Bonta | State of California - Department of Justice - Office of the Attorney General.
How is the chief local prosecuting attorney selected?
Depending on the state, an elected prosecutor may go by titles like “District Attorney,” “State Attorney,” “Prosecuting Attorney” or “County Attorney.” They are elected to 4-year terms by the voters in the county or local district that they serve.
What powers does the US attorney general have?
Attorney General Powers and ResponsibilitiesIssuing formal opinions to state agencies.Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation.Proposing legislation.Enforcing federal and state environmental laws.More items...
Who is the boss of the US attorney general?
Meet the Attorney General Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.
What is counsel de officio?
Appointment of counsel de oficio. — The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio only such members of the bar in good standing who, by reason of their experience and ability may adequately defend the accused.Apr 21, 1999
What is the role of the California attorney general?
The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.
How many terms can a governor serve in California?
Election and oath of Governor Governors are elected by popular ballot and serve terms of four years, with a limit of two terms, if served after November 6, 1990.
How much money does the mayor of Los Angeles make?
Report: MayorsPositionCityTotal WagesMayorSan Francisco$351,116MayorLos Angeles$276,918MayorOakland
What is the job of the Attorney General of California?
Duties. The attorney general acts as the state's chief law officer and oversees the California Department of Justice. He or she supervises the state's district and city attorneys, as well as its law enforcement officers.
How to become an attorney general?
Additionally, each candidate for attorney general must: 1 Be a registered voter 2 Be registered with their party for at least three months#N#Not have been registered with a different political party in the last 12 months 3 Not have been previously term-limited out
What does the Attorney General do?
Further, the attorney general plays a direct role in law enforcement efforts and "coordinates statewide narcotics enforcement efforts, participates in criminal investigations and provides forensic science services, identification and information services and telecommunication support.".
How many terms can a governor serve in California?
No Lieutenant Governor, Attorney General, Controller, Secretary of State, or Treasurer may serve in the same office for more than 2 terms.
How are the salaries of California elected executives determined?
The salaries of California's elected executives are determined by the California Citizens Compensation Commission, a seven-member board appointed by the governor to six-year terms. The commission was established after voters passed Proposition 112, an amendment to the California Constitution, in 1990.
What happens when a governor vacancy occurs?
When a vacancy occurs, the governor nominates a replacement to serve the remainder of the term under the next election. The appointee must be confirmed by a majority of both house of the California legislature. Until the replacement is approved, the former officeholder's chief deputy exercises the office.
When is the attorney general election?
Elections. Attorneys general are elected on the first Tuesday after the first Monday in federal midterm election years, e.g. 2018, 2022, 2026 and 2030. Like all constitutional state officers, the attorney general assumes office on the first Monday in the new year following the election.
Why is the Attorney General's Office unable to represent?
The Attorney General's Office is frequently unable to represent or assist individuals regarding non-criminal complaints against state agencies because this office is required by law to represent those agencies in disputes arising out of their actions. For assistance in resolving a problem with a state agency, we suggest ...
Who is authorized to act as a prosecuting officer?
The state Attorney General is authorized to undertake the role of a prosecuting officer only in specific cases when the county district attorney is disqualified from the case or when they clearly, without justification, fail to act.
What is discretionary authority in California?
California law gives discretionary authority to a locally elected prosecutor in filing criminal actions. In deciding whether to file charges, a district attorney must evaluate the likelihood that a jury, after weighing all the conflicting evidence, would find the defendant guilty "beyond a reasonable doubt.".
Where to address a complaint about the California Highway Patrol?
If you have a complaint involving the California Highway Patrol, you should address the matter to the local CHP office. The California Highway Patrol provides instructions for filing complaints about CHP officers and employees.
How are open meeting laws enforced?
Open meeting laws typically are enforced by private lawsuit, although a particularly flagrant violation may be subject to misdemeanor action brought by the District Attorney or injunctive, mandatory or declaratory relief action brought by the Attorney General.
What is the California Public Records Act?
California law outlines the public's right to government records, procedures for requesting access and the government agency's rights to withhold certain types of records. Disputes over public access to records may be taken to court under the California Public Records Act. The Attorney General issues a regular publication summarizing ...
When is the Attorney General's intervention appropriate?
The Attorney General's intervention is appropriate only where there is a demonstrated conflict of interest that would disqualify the district attorney from a particular case; or there is an obvious abuse of prosecutorial discretion.
What is the role of the California Attorney General?
As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.
What does the Attorney General do?
The Attorney General interprets this as permitting opinions to be provided to state-level departments, agencies, boards, and commissions. This does not include local agencies, even when the local agency has been organized under state statutes.
What is a 12519 opinion?
Government Code section 12519 states that opinions will be provided on "questions of law." Requests that require factual investigations or that would require the resolution of a factual despite are declined. Requests for advice, or for policy determinations, are also declined.
Why does the Attorney General decline a request?
Occasionally, the Attorney General declines a request because it presents a conflict of interest with respect to other legal matters that the Attorney General’s Office may be involved in. 6.
What does an opinion request from the office of a constitutional officer mean?
Opinion requests from the office of a constitutional officer must indicate that the question is approved by and made on behalf of the constitutional officer. If the request is made by a deputy or assistant, inquiry will be made to verify that it is authorized by the constitutional officer.
Who can give opinions to the state?
The Attorney General may provide opinions to the state's constitutional officers, which are the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commissioner, Superintendent of Public Instruction, and Insurance Commissioner. Opinion requests from the office of a constitutional officer must indicate ...
Who declines opinion requests calling for interpretation of local charters, ordinances, resolutions, regulations, or rules?
The Attorney General declines opinion requests calling for interpretation of local charters, ordinances, resolutions, regulations, or rules. Responsibility for interpreting and enforcing those laws rests with the local agency’s counsel. Pending Legislation.
What is the role of the Attorney General of California?
The Attorney General's role in legislative matters is limited to making recommendations to the California Legislature regarding needed changes in law and to enforcing the laws the Legislature enacts. You may wish to share your concerns with your representatives in the California Legislature.
How to complain about a California attorney?
Your complaint about a California attorney should be directed to the State Bar. You may contact the Bar as follows: Telephone: (213) 765-1000 (outside of CA) or (800) 843-9053 (toll free) Your complaint about a California judge should be directed to the Commission on Judicial Performance.
What is the Commission on Judicial Performance?
The Commission on Judicial Performance is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges. You may contact the Commission as follows: Commission on Judicial Performance. 455 Golden Gate Avenue, Suite 14400.
When can a court award reasonable attorney fees?
The court may award court costs and reasonable attorney fees when it determines that violations of the Brown Act have occurred. (Government Code section 54960.5.) For additional information, please see our guide The Brown Act, Open Meetings for Local Legislative Bodies.
Where to report improper government activity in California?
If you wish to report alleged improper governmental activity by a state employee or agency, please contact the Bureau of State Audits. This agency may be contacted as follows: Investigations Division. California State Auditor's Office. P.O. Box 1019.
Which state agency has the authority to adjudicate wage claims and enforce labor laws?
The state agency with the authority to adjudicate wage claims and enforce labor laws is the Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). Examples of possible wage claims include the nonpayment of wages, overtime, or vacation.
Who has the authority to prepare an opinion?
Under Government Code section 12519, the Attorney General's Office has statutory authority to prepare an opinion only for designated public officials on questions of law relating to their respective offices. Those officials include constitutional officers, state legislators, state agencies, district attorneys, prosecuting city attorneys, ...
Can a board member violate a 1090?
A board member may violate Section 1090 if he or she contracts with the board to provide services. Under Section 1090, a board member of an agency may not participate in making an employment agreement for him or her to take the position of Executive Director of the Agency. (Burns Advice Letter, No.
Does a conflict of interest prohibit a person from seeking or holding office?
A conflict of interest does not prohibit a person from seeking or holding office. Rather, the conflict-of-interest provisions of the Act prohibit a public official from participating in a decision that will have a financial effect on his or her financial interests. This prohibition is applied on a decision-by-decision basis.
Do you have to disqualify yourself from a state or local government agency?
However, you do not have to disqualify yourself from a decision that only affects the salary, per diem, or reimbursement for expenses you or your spouse receives from a state or local government agency, where these are the same as what other employees in the same job classification or position receive.
Does the government exclusion apply to per diem?
However, the exclusion for governmental salary generally does not apply to individuals who work under contract for a government agency. (Moore Advice Letter, No. I-93-343.)
Can state agencies prohibit employees from engaging in outside employment?
State and local agencies can prohibit their employees from engaging in outside employment, activities, or enterprises, that are inconsistent or in conflict with their duties as agency employees. (Gov. Code Sections 19990 and 1126 et seq.)
Can you hold multiple positions in the US?
The Act does not prohibit you from holding multiple public positions , either within a single agency or different agencies. In addition, there are no provisions of the Act which preclude you from seeking more than one elective office in a single election, or from serving in more than one elective office at any one time.
Can I disqualify myself from a business?
If your spouse has received income from a business or firm, you may have to disqualify yourself if a decision would have a material financial effect on that business. Check with your agency counsel or the FPPC to determine whether you have a conflict of interest with respect to the governmental decision.
How long can the California Attorney General serve?
California Attorney General. The Attorney General is an elected official who can serve no more that two four-year terms.
How long does the California Secretary of State serve?
California Secretary of State. The Chief Elections Officer of the State of California is an elected official who can serve no more that two four-year terms. The duties and responsibilities of the Secretary of State include the following: The State's Chief Elections Officer overseeing all aspects of the voter registration and participation;
What are the duties of the state elected officials?
The duties and responsibilities of the Treasurer's Office include overseeing and managing investment and financial matters of the state. The office is also responsible for financing public works projects. State Controller.
How many terms can a Lieutenant Governor serve?
No Lieutenant Governor, Attorney General, Controller, Secretary of State, or Treasurer may serve in the same office for more than 2 terms. Cal.
How long is a Lieutenant Governor's term?
The Lieutenant Governoris also elected to a four year term, whose service cannot exceed two terms in office. The Lieutenant Governor performs duties delegated by the Governor. If the Governor leaves office before the end of the four year term for any reason, the Lieutenant Governor becomes Governor. The Lieutenant Governor, Attorney General, ...
What is the power of the Legislature to veto a bill?
The power to veto any bill passed by the Legislature and return it with his objections to the house of origin; Line item veto power over appropriations bills; The duty to submit an itemized budget to the Legislature within the first 10 days of each calendar year;
What is the power of the commander in chief of the militia?
The power to fill vacancies in the judiciary and appoint individuals to fill vacant positions within the executive departments of the government; The power to acts as the Commander in Chief of the militia of the state and represents the state in official communications between other states and the federal government.
Current Officeholder
- The current officeholder is Rob Bonta, a Democrat. He was appointed by Gov. Gavin Newsom (D) to replace Xavier Becerra (D), who left office when he was confirmed as U.S. secretary of health and human services.
Authority
- The office of attorney general is established by the California Constitution. California Constitution, Article 5, Section 11
Qualifications
- State law requires that the attorney general be admitted to practice before the California Supreme Courtfor five years before election. California Government Code, Section 12503 Additionally, each candidate for attorney general must: 1. Be a registered voter 2. Be registered with their party for at least three months 2.1. Not have been registered w...
Elections
- Attorneys general are elected on the first Tuesday after the first Monday in federal midterm election years, e.g. 2018, 2022, 2026 and 2030.Like all constitutional state officers, the attorney general assumes office on the first Monday in the new year following the election. California Constitution, Article 5, Section 11
Vacancies
- The vacancy procedure for the office of attorney general is determined by the Constitution. When a vacancy occurs, the governornominates a replacement to serve the remainder of the term under the next election. The appointee must be confirmed by a majority of both house of the California legislature. Until the replacement is approved, the former officeholder's chief deputy exercises th…
Duties
- The attorney general acts as the state's chief law officer and oversees the California Department of Justice. He or she supervises the state's district and city attorneys, as well as its law enforcement officers. The attorney general may personally prosecute any case that would normally be handled by a district or city attorney and represents the state in all cases before the …
Divisions
- As of January 12, 2021, the California Attorney General's Office is composed of the following divisions. 1. Public Safety 2. Opinions and Quo Warranto 3. Research Advisory Panel 4. Research Center 5. Children & Families 6. Civil Rights 7. Consumer Protection 8. Environment & Public Health
Historical Officeholders
- There have been 33 California attorneys general since 1849. Of the 32 officeholders, 19 were Democrat, 13 were Republican and one was American Independent.
Recent News
- The link below is to the most recent stories in a Google news search for the terms California Attorney General Rob Bonta.These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
Contact Information
- Physical address: Attorney General's Office California Department of Justice Attention: Public Inquiry Unit Post Office Box 944255 Sacramento, CA 94244-2550 Phone: 916-210-6276 Fax:916-323-5341
Government Agencies / Officials
- City
To contact a city agency, refer to City Government listings in your telephone book or check the city's website. If you have information that may indicate improper governmental activities in a city agency or by a city employee or public official, we suggest that you submit your complaint to th… - County
To contact a county agency, refer to County Government listings in your telephone book or check the county's website. If you have information that may indicate improper governmental activities in a city county agency or by a city county employee or public official, we suggest that you subm…
Courts
- Judges
Complaints against a judge or court commissioner should be directed to the Commission on Judicial Performance. The 11-member Commission on Judicial Performance may censure, remove, retire or admonish judges for willful misconduct in office, persistent failure or inability t…
Law Enforcement
- Police
It is the Department of Justice generalpolicy that local governments will be primarily responsible for citizen complaints against law enforcement agencies or employees of law enforcement agencies, and that appropriate local resources (e.g. sheriff or police department, district attorne… - California Highway Patrol
If you have a complaint involving the California Highway Patrol, you should address the matter to the local CHP office. The California Highway Patrolprovides instructions for filing complaints about CHP officers and employees.
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