how does the legislature pick a new attorney general?

by Anjali Nicolas 9 min read

How are attorneys general chosen?

About the office See also: Attorney General (state executive office) 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.

Why are state attorneys general getting more political?

The office is elective in 43 states and chosen by a state government organ in seven. The attorney general is appointed by the governor in five states: Alaska, Hawaii, New Hampshire, New Jersey and Wyoming. In Maine, the attorney general is chosen by the state legislature, while in Tennessee the choice falls to the state supreme court. Term Limits

How many states elect their attorneys general?

Mar 31, 2021 · The 2022 United States Attorney General elections will be held on November 8, 2022, to elect the attorneys general in thirty states, three territories, and one federal district. The previous elections for this group of states took place in 2018. The attorney general of Vermont serves two-year terms and was last elected in 2020.

How many Democrats are in the new class of Attorneys General?

Jun 27, 2020 · In Maine, originally the governor appointed the attorney general, but since 1855, the attorney general has been chosen by the state legislature (in what is …

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How is the attorney general selected?

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.

How is the attorney general chosen Australia?

Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the attorney-general is a party politician and their tenure is determined by political factors.

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.

Does the attorney general work in state or local government?

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.

Who elects the attorney general?

They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President.

Who appoints the attorney general of Australia?

the Governor-General
The Attorney-General is a Member of Parliament, appointed by the Governor-General under the Constitution, on the advice of the Prime Minister. By convention, the Attorney-General is a lawyer and has the role of principal legal adviser to the Commonwealth government.

Who oversees district attorneys in California?

The District Attorney serves as legal advisor to the Grand Jury and, through its family support division, enforces parental financial obligations. The Board of Supervisors exercises budgetary control but not operational control over elected District Attorneys.

How much does the California attorney general make?

State executive salaries
Office and current officialSalary
Governor of California Gavin Newsom$209,747
Lieutenant Governor of California Eleni Kounalakis
Attorney General of California Rob Bonta
California Secretary of State Shirley Weber
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What does the attorney general do?

The Attorney General is the adviser to the Government on matters of law and legal opinion and attends Government meetings. They also represent the public in all legal proceedings that involve the enforcement of the law or the protection of public rights.Sep 24, 2021

How many attorney generals are there in New York?

New York Former Attorneys General
Barbara Underwood (Acting)2018
Eric Schneiderman2011 – 2018
Andrew M. Cuomo2007 – 2010
Eliot Spitzer1999 – 2006
Dennis Vacco1995 – 1998
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Who is the current US Attorney General?

Image of Who is the current US Attorney General?
Merrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since 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

Who does the Attorney General of New York report to?

The attorney general advises the executive branch of state government and defends actions and proceedings on behalf of the state. The attorney general acts independently of the governor of New York.

How does an attorney general influence a state?

Attorneys general exert substantial influence on a state's approach to law enforcement. Attorneys general often set particular law enforcement priorities (e.g. drug law, civil rights violations or sexual crime) and focus extra resources on these issues. This puts them, in the words of the National Association of Attorneys General, at the "intersection of law and public policy." Forty-three states publicly elect their attorneys general, reinforcing the office's relationship with, and direct accountability to, the people, in contrast with the Kings Attorneys of the past, whose singular service to their version of governors must have left those being governed wanting.

What is the job of an attorney general?

The primary job of a state attorney general is to serve as chief legal adviser to the agencies and legislative organs that make up his or her state's government, in addition to the citizens residing within the state. It is this last common aspect of the role, ...

Why are state attorneys general restless?

One possible explanation for state attorneys general becoming more restless and political-minded is the office's rising media profile, which is a function of the rising capacity of the internet and mainstream press to produce and distribute content on controversial cases involving the AGs . Another, possible more likely, explanation is the office's status as a springboard to higher office - to the governorship, especially. Nine sitting governors as of November 2013 previously served as attorney general of their respective states:

How many states have no law degree requirements?

Considering the myriad legal responsibilities carried by state attorneys general, it may surprise you to discover that a whopping 19 states have no set statutory or constitutional provisions requiring an individual to hold a law degree, or have a valid license to practice law, in order to serve in the office of attorney general.

How long can an attorney general serve in Tennessee?

1, Tennessee, is appointed by the State Supreme Court to serve a term of eight years. 1, Virginia, has a provision specifying an individual can serve as attorney general for an unlimited number of terms.

How many states require an attorney general to be a citizen?

U.S. citizen. 38 states have a formal provision stating an attorney general must be a United States citizen, while 12 do not have a formal provision. Of the 38 states, 5 specify the number of years and 33 do not.

How many states have a state resident requirement for an attorney general?

1, Oklahoma, sets the limit at 31. 1, Colorado, sets the limit at 27. 1, Mississippi, sets the limit at 26. State Citizen. 43 states have a formal provision stating an attorney general must be a state resident, while 7 do not have a formal provision. Of the 43 states, 24 specify the number of years and 19 do not.

When is the next election for the Attorney General of the United States?

Independent incumbent No election. The 2022 United States Attorney General elections will be held on November 8, 2022 to elect the attorneys general in thirty states, three territories, and one federal district. The previous elections for this group of states took place in 2018. The attorney general of Vermont serves two-year terms ...

How long is the attorney general term in Vermont?

The attorney general of Vermont serves two-year terms and was last elected in 2020. These elections will take place concurrently with several other federal, state, and local elections .

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.

Who is the Attorney General of Australia?

The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General.

What is the main legal advisor to the government?

In common law jurisdictions, main legal advisor to the government. In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, ...

What is the role of the Attorney General of Kenya?

In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet. His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the Attorney General in the performance of his duties as Principal Legal Adviser to the Government are:

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

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 did Lessig say about the state legislature?

Lessig said the ruling also sheds light on restrictions placed upon state legislatures. "For the same reason that electors have no power today, legislatures could not have the power to appoint a slate of electors that was contrary to the vote of the people.". Lessig said.

Who can pick a president who got fewer votes?

More: The Electoral College can pick a president who got fewer votes. Here's why and how.

How are electors chosen?

How electors are chosen. Electors are nominated by the political parties in each state according to rules established by state legislatures. The number of electors by state is equal to the number of members of the House of Representatives plus two senators, according to Article II, Section 1 of the Constitution.

What did the Supreme Court rule in July?

In July, the Supreme Court unanimously ruled states can require members of the Electoral College to vote for the winner of the popular vote. It upheld existing laws in 32 states by doing so, USA TODAY reported. Lessig said the ruling also sheds light on restrictions placed upon state legislatures.

Which states have a majority Republican legislature?

Michigan, North Carolina, Wisconsin and Pennsylvania have majority-Republican legislatures but Democratic governors, according to election website, Ballotpedia. Arizona remains under Republican control, but Biden gained the state's 11 Electoral College votes by winning the popular vote.

When is the election day?

Election Day is established as the “Tuesday after the first Monday in November , in every fourth year succeeding every election of a President and Vice President” in the Constitution. Switching chosen electors once the day has passed is a violation of federal law.

Who has the final say in electing the electors?

Despite the popular vote tally, state legislatures have the "final say" in choosing electors to the Electoral College and by extension, the president-elect, according to a claim on Facebook. "Reminder to the Republican state legislatures, you have the final say over the choosing of electors, not any board of elections, secretary of state, governor, ...

Who is the attorney general of Michigan?

Michigan’s attorney general, Dana Nessel, a Democrat, told reporters this week that it appeared the Trump lawsuits were aimed at stopping county and state boards from certifying the election, so that the Legislature could send “a faithless slate of electors” to support Mr. Trump.

Who declined calls for a special legislative session on election issues?

An unusual joint statement Tuesday by Gov. Brian Kemp, Lt. Gov. Geoff Duncan and House Speaker David Ralston — all Republicans — declined calls for a special legislative session on election issues.

What does the Electoral Count Act say?

The Electoral Count Act also says that in the event of “failed elections,” in which voters have not ...

Who urged the Republican state legislature to do their constitutional duty?

Earlier that day, Mr. Levin, the conservative radio host, had urged Republican state lawmakers to “get ready to do your constitutional duty,” writing in all capital letters on Twitter. He was retweeted by the president’s son Donald Trump Jr.

Is Tom Wolf a Democrat?

He reiterated that Gov. Tom Wolf, a Democrat, appoints electors, not lawmakers. At the same time, Republicans in the Pennsylvania General Assembly moved to conduct a review of the election and asked the governor to delay certification of the results, which is unlikely.

Who is the Florida governor who urged voters to call lawmakers?

And Mr. DeSantis, the Florida governor, urged voters in Michigan and Pennsylvania, both with Republican-majority legislatures, to call lawmakers, who have it in their power to “provide remedies,” he said on Fox News. Image.

Does the state legislature have a role in choosing the presidential electors?

Republican leaders have said the State Legislature would have no role in choosing presidential electors. Credit... President Trump’s last-ditch efforts to reverse the election seem to come down to a far-fetched scenario, one in which Republican-led state legislatures choose the members of the Electoral College, overturning the will of voters.

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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

In regard to the etymology of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of Englandin the 11th-century. As a variety of French, which was spoken in the law courts, schools, …

Similar offices in non-common law jurisdictions

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by the Prime Ministerfor a period of 5 years and must have the same qualifications re…

External links

• Quotations related to Attorney general at Wikiquote