However, it’s not worth taking a risk of your case being dismissed for improper service so you should also serve the Attorney General of the U.S. according to Rule 4 (i) (2). What is the Justice Management Division and Who is the Assistant Attorney General for Administration?
The most recently serving attorney general to die was Janet Reno on November 7, 2016 (served 1993–2001, born 1938). 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.
Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12, and he resigned the same day. ^ Served as acting attorney general in his capacity as deputy attorney general, until the appointment of a new attorney general. Holder later served as attorney general from 2009–2015.
According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later. Keisler served as acting attorney general until the confirmation of Michael Mukasey on November 9, 2007.
The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.
The attorney general serves as the principal advisor to the president of the United States on all legal matters....United States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United States15 more rows
AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.
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.
The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney.
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.
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.
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.
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.
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.
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 .
Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 2021.
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.
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.
The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.
Republican attorneys general (AGs) across the country are prepared to fight the recently introduced court-packing legislation, as indicated by their vocal statements of opposition to it, endorsements of the Keep Nine amendment, and vows to explore legal routes to challenge the legislation.
Some Republican AGs have shown support for the Keep Nine amendment, introduced in the House and Senate to cement nine as the number of Supreme Court justices.
The Alabama AG hinted that despite Republicans being up against Democrat majorities in Congress, the amendment could reemerge at a time when Republicans hold a majority. “The reality is that we don’t have a Congress that would probably be receptive to that right now, but 2022 is coming very soon,” he said.
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;
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.
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.
The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977.
Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!
The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77 (j). United States Attorneys have no authority to accept service on behalf of the Attorney General.
Send a copy of the summons and complaint by registered or certified mail to the U.S. Attorney General at Washington, D.C. While the address for the U.S. Attorney General is usually stated as 950 Pennsylvania Ave., NW, Washington , D.C . 20530, I would literally just write on the label “U.S. Attorney General, Washington, DC 20530.”
Rule 4 (i) (1) (B), according to Judge Easterbrook of the Seventh Circuit Court of Appeals, ” is designed to help the Department of Justice monitor its field offices and maintain a central register of litigation.” Tuke v. United States, 76 F.3d 155, 157 (1996).
So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1).
In a decision in the case, Mercedes v. Holder, the judge stated that the plaintiff “served the officers and employees of the United States who are named defendants in this action, including the Attorney General.” Taking a look at that affidavit of service, service was addressed to “Eric Holder, Attorney General, U.S. Dept. of Justice, 950 Pennsylvania Ave., NW, Washington, D.C. 20530.”
For some reason, the government never contested the judge’s determination that service of process upon the Attorney General – pursuant to Rule 4 (i) (2) and NOT Rule 4 (i) (1) (B) – was not mailed to Assistant Attorney General for Administration.
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Summary: Check out JD Journal’s Top 10 Popular Articles of 2021 Woman Arrested for Having Sex with Her Pit Bull in Broad Daylight A neighbor reported that a woman had sex with her pit bull in broad daylight in her […]
In 1986, when Samuel A. Alito Jr. , now a Supreme Court justice, worked at the Office of Legal Counsel, he wrote a memorandum suggesting the attorney general could not make successive interim appointments. Still, in 1987, Charles J. Cooper, then the head of the office, wrote in another memo that “it could be argued” that after a president removed a court-appointed U.S. attorney, the power to appoint an interim successor reverted to the attorney general.
Barr invoked the president. Geoffrey S. Berman, the United States attorney for the Southern District of New York, arrived at his office in New York on Saturday hours after defying the attorney general’s attempt to fire him.
attorney in Brooklyn, said Mr. Berman had “called the attorney general’s bluff” because only the president, not Mr. Barr, had the power to remove him.
attorneys following Senate confirmation, a law permits an attorney general to appoint a prosecutor to fill those vacancies for 120 days. If that temporary appointment expires, judges can fill it. A prosecutor appointed by the court will “serve until the vacancy is filled,” the statute says.
The 1979 opinion pointed to one district court opinion from 1963 — also in Manhattan — which expressed the view that a president may remove a court-appointed prosecutor. In his letter, Mr. Barr also pointed to a 2000 opinion by the federal appeals court in Boston that took the same position in passing, saying that a “president may override ...
That is how Mr. Berman became U.S. attorney. He was initially appointed by the attorney general at the time, Jeff Sessions , and federal judges in Manhattan reappointed him after the 120-day period expired. In his statement Friday night, Mr. Berman indicated that Mr. Barr could not fire him because he had been appointed by the court, ...
Normally, under the Constitution, the power to remove government officials rests with whoever appointed them, except in instances where Congress set up an alternative mechanism. At issue is how that framework applies to the position of a U.S. attorney who was appointed by a court, as Mr. Berman was in 2018.