how is the state attorney general different than the federal attorney general

What is the difference between US attorney and Attorney General?

115 rows · The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer 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. ...

Do all states have Attorney Generals?

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.

Who is the current Attorney General?

Oct 03, 2017 · Both the Attorney General and Deputy Attorney General are political appointees, not career/civil service employees with tenure protections, and therefore they serve at the pleasure of the President. The same is true of United States Attorneys, who act as head federal prosecutors in the respective federal judicial district in each state.

Are state attorney generals elected?

Unlike the U.S. Attorney General, most state attorneys general are not part of a unified executive; typically they are neither subordinate to, nor serve at the pleasure of, the governor. 75 Only some states mandate that the attorney general work in conjunction with the governor. 76 Six states formally place the attorney general in the governor’s cabinet (Alaska, Arizona, Florida, …

Is a state's attorney the same as attorney general?

A lawyer who represents the state in local criminal cases is usually referred to as the "District Attorney," although, depending on your state, these attorneys can go by other titles such as "Prosecuting Attorney" or "County Attorney." The Attorney General of a state typically represents the state in civil cases, but ...

What do state attorneys do?

A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people. ... A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters.

What is the difference between US attorney and US attorney general?

U.S. attorneys There is a U.S. attorney for each federal court district in the United States. ... 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 a US state attorney general?

Merrick GarlandUnited States / Attorney generalMerrick 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 United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia

Does each state have an 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.

What power does the US attorney general have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Can you sue a state's attorney?

1. A State Attorney possesses absolute immunity from civil liability in tort actions brought in state courts and in Title 42 U.S.C. s. 1983 actions in federal courts for conduct falling within the scope of his or her prosecutorial duties.

Are US attorneys part of the DOJ?

Each U.S. attorney is the chief federal law enforcement officer within his or her particular jurisdiction, acting under the guidance of the United States Attorneys' Manual. ... U.S. attorneys and their offices are part of the Department of Justice.

Who is the current Attorney General?

The current Attorney General is Mr. Godfred Yeboah Dame. He was appointed by President Nana Addo Danquah Akufo-Addo in 2021.

How many attorney generals are there in the US?

Term Limits. 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.

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.

Who is the current state attorney general Missouri?

Eric Schmitt (Republican Party)Missouri / Attorney generalToday, Missouri Attorney General Eric Schmitt, along with seven other attorneys general, filed suit against the Biden Administration for their unlawful reinstatement of the ineffective Central American Minors (CAM) Refugee and Parole Program.

What does a state attorney general do?

State attorneys general enforce both state and federal laws. Because they are sworn to uphold the United States' constitution and laws as well as the state's, they often decline to defend the state in federal lawsuits.

How long is the attorney general's term in Tennessee?

The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term. In Maine, the attorney general is elected by the state Legislature for a two-year term.

Brandon Alexander Robinson

If we are talking about the U.S. Department of Justice only, the Attorney General (currently Jeff Sessions) is the top law enforcement official in the nation (besides the President himself), and heads the cabinet-level DOJ.

Jay Scott Finnecy

AUSAs are Federal prosecutors in the United States Attorney's Office. Attorney Generals are likely with the California Dept. of Justice.

What are the differences between Republican and Democratic attorneys general?

Sharp differences between Republican and Democratic views about the propriety of same-sex marriage bans explain why Republican attorneys general claim that same-sex marriage bans must be defended and why many Democratic attorneys general ar gue that the duty to defend does not apply to same-sex marriage bans. 209 After all, Republican attorneys general really don’t all believe that all state laws must be defended; recall that some Republican attorneys general have refused to defend state domestic partnership registry laws and gun control measures. 210 Relatedly, we suspect that if a large number of Republican attorneys general stopped defending affirmative action plans or campaign finance laws, some Democratic attorneys general might vigorously criticize the nondefenses. Because Democratic and Republican politicians often seek to distance themselves from the opposite party by embracing polarizing policies, 211 we expect that Republican and Democratic attorneys general will continue to refuse to defend laws that frustrate their party’s diverging agendas.

What is the duty of an attorney general?

One set of attorneys general has a duty to defend state law against state and federal challenges, while a second group has no duty to defend state law in such scenarios. A third cohort of attorneys general has a power (and in some cases a duty) to attack state statutes of dubious validity.

What is the purpose of the Part I and II?

Part I argues that state law is supreme in defining a state attorney general ’ s potential duty to defend. Part II surveys state law, revealing a multiplicity of approaches, a pattern hardly unusual in a federal system. Part III discusses the differing incentives of the attorneys general and their federal counterpart.

What is the duty to defend?

The duty to defend and its antipode, the duty to attack, can be conceived as forming a continuum of stances. On one end would be a duty to defend vigorously the validity of state law against claims of supersession, even in the face of judicial opinions that seem to render the state law invalid.

Can an attorney general defend a state law?

We have said that the answer to the question whether a state attorney general may (or must) defend state law or concede its invalidity rests solely on state law, as constrained by the principle barring discrimination against federal law. Before refusing to defend a state law or challenging the validity of state law, a state attorney general must invoke powers arising from state law. In making claims about state law, we believe that an attorney general must do more than point to the nature of her office or to the fact that the state constitution created it.

Overview

Defense of the state in federal lawsuits

State attorneys general enforce both state and federal laws. Because they are sworn to uphold the United States' constitution and laws as well as the state's, they often decline to defend the state in federal lawsuits.

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