how do states decide the attorney general

How are attorneys general elected in the US?

57 rows · 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 …

What is the role of the state Attorney General?

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. Select your state to connect to your state attorney general's website.

Can the Attorney General defend the state in a federal case?

The attorney general is an executive office in all 50 states that serves as the chief legal advisor and chief law enforcement officer for the state government and is empowered to prosecute violations of state law, represent the state in legal disputes and issue legal advice to state agencies and the legislature. In most states, the attorney general has a substantial influence …

Can the governor appoint the Attorney-General?

8 Forty-three states provide for popular election of the attorney general. In the remaining states, the attorney general is appointed: in Maine, by the legislature; in Tennessee, by the state Supreme Court; and in five states (New Jersey, New Hampshire, Hawaii, Alaska, Wyoming), by the governor. William P. Marshall, Break Up the Presidency?

Who decides the attorney general?

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 each state have its own attorney general?

All 50 U.S. states, the District of Columbia, and American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, have an attorney general who serves as the chief legal officer in their jurisdiction, counsels its government agencies and legislatures, and is a representative of the public ...

Can the president order the attorney general?

The Attorney General is the chief law enforcement officer of the United States; she is not the president's lawyer. Like other members of the cabinet, the Attorney General is appointed by the president, confirmed by the U.S. Senate and serves at the pleasure of the president.

Who is the highest law officer?

Advocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.

How many attorney generals are there in the USA?

Of the 50 Attorneys General, 25 do not have a formal provision specifying the number of terms allowed. Of the 44 elected attorneys general, all serve four-year terms with the exception of Vermont, who serves a two-year term. 11 face a two term limit, otherwise unspecified.

How long does the US attorney general serve?

four-yearUnder the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.

Who was the attorney general under Trump?

Jeff SessionsOfficial portrait, 201784th United States Attorney GeneralIn office February 9, 2017 – November 7, 2018PresidentDonald Trump33 more rows

How can the US attorney general influence the executive branch?

The attorney general prosecutes cases that involve the government and gives advice to the president and heads of the executive departments when needed.

How many states have an attorney general?

The attorney general is directly elected in 43 states and Washington, D.C. The attorney general is appointed by the state Legislature in Maine, by the state Supreme Court in Tennessee, and by the governor in the remaining five states. Compensation of state attorneys general (2017)

Which states have elected an attorney general in 2015?

Three states held elections for attorney general in 2015: Kentucky, Louisiana and Mississippi. In Kentucky, Andy Beshear (D) won election to the attorney general seat. Democrat Jim Hood was re-elected in Mississippi, while Republican Jeff Landry defeated incumbent Buddy Caldwell, also a Republican, in a runoff in Louisiana.

What is the job of the Attorney General?

The attorney general is an executive office in all 50 states and Washington, D.C., that serves as the chief legal advisor and chief law enforcement officer for the state government and is empowered to prosecute violations of state law, represent the state in legal disputes and issue legal advice to state agencies and the legislature.

How many territories are there in the US?

Comparison across states. Although Ballotpedia covers the five U.S. territories. The five U.S. territories are American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. and their officeholders, territory officeholders are not included in the following figures.

Who was the attorney general in 2013?

One state, Virginia, held a regularly scheduled attorney general election in 2013. State Senators Mark Herring (D) and Mark Obenshain (R) faced off in the general election on November 5, 2013, and the race was considered too close to call until the State Board of Elections certified the results of the race on November 25, 2013, naming Herring the victor by a margin of 165 votes. Since the margin was equal to or less than 0.5 percent of the total vote, Obenshain, as the losing candidate, was entitled to request a publicly financed recount, which he did on November 27. The recount began on December 26, and Obenshain conceded to Herring two days later, giving a Democrat control of the office for the first time in almost two decades.

Who ran for governor in 2012?

Two - Montana AG Steve Bullock (D) and Washington AG Rob McKenna (R) - ran for the governorship in their respective states in 2012. One - Utah AG Mark Shurtleff (R) - retired from office. One - 2011 appointee Pennsylvania AG Linda Kelly (R) - did not run for election due to the terms of her Senate confirmation.

Who appointed Ellen Rosenblum?

John Kitzhaber appointed Ellen Rosenblum, who was running for 2012 election to the attorney general post at the time, to serve as interim attorney general for the remainder of his unexpired term. Rosenblum was elected to a full term in the general election on November 6, 2012.

What is the Attorney General's Office looking into?

In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...

What is the Roe v Wade ruling?

This was the 1992 landmark abortion ruling that upheld the basic tenet of Roe v. Wade that a woman has the right to an abortion. It established a new “undue burden” test, which struck down part of the Pennsylvania law which required wives to notify their husbands before getting an abortion.

Who is the chairman of the Montgomery County Board of Commissioners?

Shapiro is the chairman of the Montgomery County Board of Commissioners and was appointed to be the chairman of the Pennsylvania Commission on Crime and Delinquency [PCCD] by Gov. Tom Wolf about a year ago.

Who is Joe Peters?

Republican candidate Joe Peters was a Scranton police officer, an organized crime and drug prosecutor in the attorney general's office for 15 years, a federal mafia prosecutor and oversaw a White House drug trafficking program. He most recently served as Kathleen Kane’s spokesman for about eight months in 2013 and 2014.

How is the law in the books different from the law in action?

The law in the books is different from the law in action. [1] Enforcement determines the distance between the two. Studies show that only a fraction of people with litigable grievances sue. [2] Federal agencies go after an even smaller proportion of offenders. [3] Imagine if that changed overnight and every arguable violation resulted in some form of enforcement action. The law as we know it would mean something very different. The words that appear in statutes and in judicial decisions would be the same, but their practical effect would be transformed by the shift in enforcement practices.

What is state enforcement?

State enforcement of federal law complicates conventional accounts of public and private enforcement, exposing gaps in prevailing theories of enforcement. State enforcement is different from federal enforcement in several significant respects.

How does CPSIA work?

[174] Among other things, the CPSIA banned the manufacture and sale of children’s toys containing “concentrations of more than 0.1 percent” of certain chemicals, known as phthalates, used to soften plastic. [175] Although there are questions at the margins about what constitutes a children’s toy, [176] there is a core set of products to which the ban clearly and unequivocally applies. Even in those circumstances where the federal rule operates unambiguously, enforcement authority allows states to influence policy by adjusting the intensity of enforcement and hence the degree to which manufacturers are deterred from using phthalates. States with a strong commitment to consumer protection can devote resources to identifying and pursuing violations, while those that wish to court business from toy manufacturers can abstain from enforcement. Indeed, there is some evidence to suggest that the decision by an elected attorney general to take action in the consumer-protection field is influenced by citizen ideology: attorneys general from “liberal” states do more, while those from “conservative” states do less. [177]

Is enforcement a substitute for regulatory authority?

I have argued that enforcement authority enables states to shape policy at both the state and national level. That is not to say, however, that enforcement is a substitute for regulatory authority. States unquestionably enjoy more power when they are able to write the rules as well as enforce them. Nevertheless, it would be a mistake to view enforcement as nothing more than a watered-down version of legislation or implementation of a federal scheme that leaves room for state regulation. Enforcement authority may be available in areas where regulatory authority is not. [197] Enforcement also empowers different actors, creating new opportunities for state influence.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

What is the office of the Attorney General of the Philippines?

The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

Who was the Lord Advocate?

After the Acts of Union 1707, the Lord Advocate became the chief legal advisor to the British government in respect of Scotland.

Is the Attorney General the same as the Minister of Justice?

The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the role of a public advocate?

Issuing 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. Representing the state and state agencies before the state and federal courts.

What Is an Attorney General?

An Attorney General is the chief lawyer and law enforcement officer to the government. The United States Attorney General is a Cabinet member and the head of the Department of Justice. Each state also has its own Attorney General. Attorneys General are either elected or appointed to their position.

How to Become an Attorney General

The President nominates the U.S. Attorney General who is then confirmed by the Senate. A state Attorney General is either appointed or elected, depending on the state.

Overview

Attorneys-general in common law and hybrid jurisdictions

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
In Australia, the Attorney-General is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cashis the current Attorney-General. …

Etymology

Similar offices in non-common law jurisdictions

External links