role of attorney general

by Prof. Manuela Howe MD 10 min read

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.

See more

image

What is the role of the Attorney General?

The Attorney General is the Head of the Justice Department and the attorney for the United States in all legal matters. They dispense legal advice to the president and the heads of other governmental agencies when requested. The Attorney General may support important cases that go to the Supreme Court of the United States if the case is deemed important in nature.

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

What agencies are under the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country. There are six litigating divisions in the department:

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

What does Barr believe about the executive branch?

Barr believes that congressional subpoenas and restrictions to the President’s removal power and legislative vetoes are encroachments on the power of the Executive branch . In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur.

What was Barr's role in the Iran Contra scandal?

When Barr served as Attorney General in the Bush (41) administration, he orchestrated the pardons for six people caught up in the Iran-Contra scandal. The ACLU has concluded of Barr’s record in both private and public life that “Barr amassed a record of advancing policies that advocated dragnet government surveillance, mass incarceration, and discriminatory profiling while pushing an aggressive theory of expansive executive power that sidelines Congress’ constitutional role in checking the president.”

How many agencies does the Department of Justice have?

The Department of Justice touches nearly every part of legal life in America, from violent crime to tax code violations, with nearly sixty separate and distinct agencies listed on the DOJ website. Other notable agencies the DOJ is responsible for include:

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

What was the purpose of the Attorney General's Office?

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 United States solicitor general and the White House counsel .

How much does an attorney general make in 2021?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 2021.

When does the Attorney General have to resign?

Presidential transition[edit] 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.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

Who was the acting attorney general of the United States in 2017?

For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on to serve as the acting attorney general until the confirmation of the new attorney general Jeff Sessions, who had been nominated for the office in November 2016 by then- President-elect Donald Trump.

When was the Department of Justice established?

The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.

What does the Attorney General do?

The Attorney General controls and manages all litigation on behalf of the State, and may also intervene in all suits or proceedings which are of concern to the general public. The Attorney General’s legal views and opinions prevail when a conflict arises between state agencies and officers whom the Attorney General represents.

What is the role of the Attorney General of Montana?

Under Montana law, the Attorney General is the state’s chief legal officer, chief law enforcement officer, and director of the Montana Department of Justice. As the State’s chief legal officer, the Attorney General is responsible for representing and defending Montana’s legal positions ...

What is the code for prosecuting a public agency in Montana?

Prosecute all public offenses involving a state agency as reported by the Montana Legislative Auditor. Mont. Code Ann. § 5-13-310.

Where to address complaints against a private attorney in Montana?

Complaints should be addressed to the Office of Disciplinary Counsel, P.O. Box 1099, Helena, MT 59624 , or phone (406) 442-1648. Likewise, the Attorney General does not have authority over Montana judges.

Where to contact Attorney General for fraud?

If a citizen has a complaint about a business, fraud, phone scam, or identity theft, he or she should contact the Attorney General’s Office of Consumer Protection, P.O. Box 200151, Helena, MT 59620-0151, or call (406) 444-4500 or toll-free 1-800-481-6896.

Does the Attorney General have authority over judges in Montana?

Likewise, the Attorney General does not have authority over Montana judges. If a citizen has a complaint about improper or unethical conduct involving a judge, he or she should contact the Judicial Standards Commission, Court Administration Office, P.O. Box 203005, Helena, MT 59620-3005.

Does the Attorney General supervise state agencies?

The Attorney General does not direct or supervise state agencies other than the Department of Justice . Complaints about state agencies should be directed to the specific agency’s director or to the office of the Governor.

What is the role of the Attorney General?

In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed on behalf of the United States. The Act also vested in the Attorney General supervisory power over the accounts of U.S. Attorneys and U.S. Marshals.

Who created the Office of the Deputy Attorney General?

Office of the Deputy Attorney General. On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney, appointed by the President with the advice and consent of the Senate, is the Department's second-ranking official and functions as a Chief Operating Officer;

When was the Office of the Associate Attorney General created?

The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977.

Who provides advice and opinions on legal matters?

Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the government, as provided by law.

What is the ODAG?

The mission of the ODAG is to advise and assist the Attorney General in formulating and implementing Department policies and programs and in providing overall supervision and direction to all organizational units of the Department.

What are the responsibilities of the Attorney General?

The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers’ departments. Responsibilities include:

When was the Solicitor General appointed?

He was appointed Solicitor General on 26 July 2019. He was previously Minister of State at the Department for Transport from 23 May 2019 to 25 July 2019. He was Parliamentary Under Secretary of State at the Department for Digital, Culture, Media and Sport from January 2018 to May 2019.

Who is responsible for superintending the Crown Prosecution Service?

Specific statutory duty to superintend the discharge of duties by the Director of Public Prosecutions (who heads the Crown Prosecution Service) and the Director of the Serious Fraud Office

What is the job of a state attorney general?

Each state's attorney general is charged with the responsibility of enforcing the laws, as well as the ability to pass new legislation. The state attorney general also has the higher purpose of protecting the people of the state and their interests. Attorney general duties include providing consumer ...

Why do you need a bio for an attorney general?

Or if they are appointed to the job, they need an outstanding bio in order to be noticed for the appointment. The job of state attorney general isn't like jobs in private business, where employees receive performance reviews that may lead to a salary raise.

How often do attorneys general meet?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics. AGs may also serve as officers of this and other legal organizations and on various committees established to accomplish specific goals.

How many times does the Attorney General meet with the Attorney General?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics.

How long can an AG serve?

Many states set limits on how many years their AG can serve, with the norm being a maximum of eight years. Only Virginia does not set a limit on how long their AG can serve.

How many states have an AG?

Some states have minimum age requirements for their AGs, while others do not. In 43 states, the AG is elected by popular vote. In the other seven states, the AG is appointed by the state government.

Can an attorney general intervene in local court cases?

Most states give their attorney general offices rather broad authority but some are more restrictive. For example, in some states, AGs can intervene in local prosecutions, while in others, only local prosecutors can do so.

image

What Is The Role of The Attorney General?

Image
The Attorney General is the Head of the Justice Department and the attorney for the United States in all legal matters. They dispense legal advice to the president and the heads of other governmental agencies when requested. The Attorney General may support important cases that go to the Supreme Court of the United …
See more on rantt.com

How Does One Become Attorney General?

  • The position of Attorney General is an appointed one, nominated by the president and confirmed by the United States Senate. There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed …
See more on rantt.com

What Are The Most Important Powers of The Attorney General?

  • The Attorney General will provide advice and guidance to the president and other high ranking officials regarding the law and how it should be implemented. This provides the Attorney General with a great deal of power, as they would have the ability to shape how laxly or punitively the law is to be applied. As the Justice Department has such wide-reaching tentacles of power in matter…
See more on rantt.com

Who Is The Current Attorney General?

  • William Barr is the current Attorney General of the United States. He replaced Jeff Sessions in 2019 after President Trump fired Sessions. Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims a…
See more on rantt.com

What Agencies Are Under The Department of Justice?

  • The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country. There are six litigating divisions in the department: 1. Antitrust 2. Civil 3. Civil Rights 4. Criminal 5. Environmental and Natural Resources 6. Tax Each division is headed up by an Assistant Attorney General, and man…
See more on rantt.com

History of The Attorney General

  • The Office of the Attorney General was createdin 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters. The work quickly grew, requiring the addition of multiple assistants and private attorne…
See more on rantt.com

List of Attorneys General

  1. William Barr, 2019 – Present
  2. Jeff Sessions, 2017 – 2018
  3. Loretta Lynch, 2015 – 2017
  4. Eric Holder, Jr., 2009 – 2015
See more on rantt.com

The Rantt Rundown

  • The Department of Justice, created in 1789, has grown from a part-time, one-person office to become the world’s largest law office, encompassing sixty different agencies and offices. The Attorney General is in charge of the Department and is responsible for all aspects of the Justice Department. The head of this vast bureaucracy has enough impact to shape the way laws are tr…
See more on rantt.com

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"