what branch of government is a state attorney general

by Melba Greenholt 8 min read

What are the duties of the US 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.

What is the role of the Attorney General?

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 …

How to address the Attorney General?

Jan 24, 2015 · The attorney general is the chief legal representative for the state and serves as general counsel for most of the state’s government agencies. Each state’s attorney general manages all legal representation of the state in civil and criminal matters on a …

What do attorneys general do?

A state attorney general's office is typically a part of the executive branch of the state government. He or she is generally entrusted with the duties of prosecuting suits and proceedings involving state government and advising the governor and other administrative officers of the state government.

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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.

Is attorney general part of Congress?

The attorney general is a statutory member of the Cabinet of the United States. Washington, D.C. 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.

Is the attorney general the states lawyer?

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.

Is the attorney general in the executive branch?

The Attorney General is part of the executive branch. The Attorney General is in charge of the Department of Justice (commonly known as the DOJ). Among other things, the DOJ enforces federal criminal law in the United States. Federal prosecutors who work for the DOJ are called United States Attorneys.

Is the attorney general over the Supreme Court?

United States Supreme Court decisions directly affect attorney general offices' ability to enforce state laws and defend government officials' conduct. Attorney general offices therefore play an active role before the Supreme Court.

Who appoints Attorney General of state?

The Governor of each
The Governor of each state shall appoint a person who is qualified to be appointed as judge of High Court as the Advocate General.

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.

What is the role of the Attorney General of the United States?

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.Mar 12, 2021

What is the role of the 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. 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 Justice .

How long does an attorney general serve?

Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court ...

How many terms can an attorney general serve in Puerto Rico?

Many states have passed term limits limiting the selection to 2 consecutive terms (9 states); 2 terms maximum (4 states), but 33 states still have no term limits.

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 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)

How many attorney generals did the Democratic Party control in 1977?

In 1977, the Democratic Party held a total of 27 elected attorney general offices to the Republican Party 's 16. The Democratic lead in attorney general offices would be maintained through the 1990s, as opposed to the other three top executive offices, which became majority-Republican following the 1994 midterm elections. In the 2010 midterm elections, the Republican Party gained a lead in elected attorney general offices, with 22 elected attorneys general to the Democrats' 21. The Democratic victory in the 2013 Virginia election for attorney general caused the party to briefly regain a 22-21 majority of elected attorney general offices. This lead was lost in the 2014 midterm elections. After that point, the Republican Party continued to grow its majority control of elected attorney general offices.

How much does an attorney general make?

According to compensation figures for 2017 compiled by the Council of State Governments in the Book of the States, the highest salary for an attorney general is $182,688 in Tennessee, while the lowest is $80,000 in Colorado. To view the compensation of a particular attorney general, hover your mouse over the state.

How many states have the power to appeal a criminal case?

Attorneys general: Power to represent state in criminal appeals. The attorney general has the power to represent the state in criminal appeals in 46 states, although this power is restricted in five of those states. Attorney general term limits. Attorney general term limits.

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.

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.

What is the job of an attorney general?

The attorney general is the chief legal representative for the state and serves as general counsel for most of the state’s government agencies. Each state’s attorney general manages all legal representation of the state in civil and criminal matters on a state and federal level. Most attorneys general manage specific assistance programs ...

What is the responsibility of the Attorney General?

These efforts include narcotics investigations as well as many other criminal investigations that cross enforcement areas. Managing the data associated with these investigations is also the responsibility of the attorney general’s office.

Who manages child support?

The state’s attorney general manages the child support process in some states. The office may run programs specifically to increase public safety or reduce unfair or fraudulent activities. In some states, this office is the guardian of the state’s natural resources through law enforcement.

Who is the head of the state's legal office?

R. Kimball. The State's Attorney General is the head of the state's legal office and is responsible for enforcing the law. A state’s attorney general is responsible for enforcing the law in the state where he or she was elected.

Is the Attorney General responsible for the state penal system?

These cases might be criminal or civil, depending upon the issue in the suit. In certain states, the state’s attorney general is responsible for representing the state penal system in an appeal to a federal court. The attorney general himself or herself cannot be present in court for each of these incidences, but a member ...

Who was the first attorney general?

The first attorney general to head the new department was amos t. akerman, of Georgia, appointed by President ulysses s. grant in 1870. So, 81 years after the creation of the office of the attorney general, the nation finally had a full-fledged organization to administer and enforce its laws. Evolution in the position of attorney general culminated in the formation of the Justice Department.

What was the first act to establish the Attorney General's Office?

The office of the attorney general was created by the First Congress in the Judiciary Act of 1789 (An Act to Establish the Judicial Courts of the United States, ch. 20, § 35, 1 Stat. 73, 92–93). The First Congress did not expect the attorney general—a part-time employee with scant pay, no staff, and little power—to play a major role in the emerging federal government. As the members of the First Congress established a system for the enforcement of federal laws, their primary concern was to protect state and individual freedoms and to avoid the creation of a central legal system that would allow the tyrannies they had experienced as American colonists under George III. Therefore, the Judiciary Act gave the attorney general just two principal duties: (1) to prosecute and conduct all suits in the Supreme Court of the United States that concerned the United States and (2) to give an opinion on questions of law when asked to do so by the president or heads of other executive departments.

What is the role of a district attorney?

attorneys) held the authority to represent the United States in district and circuit courts. Each district attorney could independently decide which cases to pursue and on what grounds—a situation that soon resulted in a number of contradictory legal positions for the federal government. Because the attorney general had no power to direct district attorneys in their lower-court litigation, the officeholder was often unaware of litigation that concerned the interests of the United States.

What are the three masters of the Attorney General?

It has been said that the attorney general serves "three masters": the president, the Congress, and the courts (American Enterprise Institute for Public Policy Research 1968). Although the attorney general advises the president, the basic authority of the office is derived from Congress and the functions of the office are subject to congressional control. In addition, the attorney general is a member of the bar and therefore an officer of the court subject to the directives of the judicial branch.

Why did the early attorneys general spend little time arguing before the Supreme Court?

The early attorneys general spent little time arguing before the Supreme Court because few cases had traveled through the nation's developing court system and even fewer warranted Supreme Court review. Together, the first three attorneys general—Edmund Randolph, William Bradford, and Charles Lee—represented the United States in the Supreme Court only six times in their collective years in office.

What was the early attorney general's restriction?

Furthermore, early attorneys general were specifically restricted by the Judiciary Act from participating in lower-court actions. District attorneys (known in the early 2000s as U.S.

What is the role of the Chief Law Officer of the Crown?

He represents the public interest in many matters and regularly represents the government or government departments in litigation. He may also refer matters of law to the Court of Appeal after an acquittal. The same term is used for a senior law officer in many other jurisdictions, notably the USA, where the Attorney General is head of the Department of Justice, and also in the bailiwick of Jersey.

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 is the job of an attorney general?

Attorney General. The chief law enforcement officer of the United States or of a state government, typically serving in an Executive Branch position. The individual represents the government in litigation and serves as the principal advisor to government officials and agencies in legal matters.

When was the Attorney General created?

The office of the attorney general was created by the First Congress in the Judiciary Act of 1789 (An Act to Establish the Judicial Courts of the United States, ch. 20, § 35, 1 Stat. 73, 92–93). The First Congress did not expect the attorney general—a part-time employee with scant pay, no staff, and little power—to play a major role in ...

What was the first act to establish the Attorney General's Office?

The office of the attorney general was created by the First Congress in the Judiciary Act of 1789(An Act to Establish the Judicial Courts of the United States, ch. 20, § 35, 1 Stat. 73, 92–93). The First Congress did not expect the attorney general—a part-time employee with scant pay, no staff, and little power—to play a major role in the emerging federal government. As the members of the First Congress established a system for the enforcement of federal laws, their primary concern was to protect state and individual freedoms and to avoid the creation of a central legal system that would allow the tyrannies they had experienced as American colonists under George III. Therefore, the Judiciary Act gave the attorney general just two principal duties: (1) to prosecute and conduct all suits in the Supreme Court of the United Statesthat concerned the United States and(2) to give an opinion on questions of lawwhen asked to do so by the president or heads of other executive departments.

Why did the early attorneys general spend little time arguing before the Supreme Court?

The early attorneys general spent little time arguing before the Supreme Court because few cases had traveled through the nation's developing court system and even fewer warranted Supreme Court review. Together, the first three attorneys general—Edmund Randolph, William Bradford, and Charles Lee—represented the United States in the Supreme Court only six times in their collective years in office.

What was the early attorney general's restriction?

Furthermore, early attorneys general were specifically restricted by the Judiciary Act from participating in lower-court actions. District attorneys (known in the early 2000s as U.S.

Why did Congress create a solicitor of the Treasury?

For example, in the early 1800s, Congress created a solicitor of the treasury to handle all suits for the recovery of money or property in the United States— a move that further complicated the attorney general's efforts to fully look after the interests of the government.

When did the Attorney General's Office begin to be remedied?

The lack of centralized authority and the lack of basic institutional support for the office of the attorney general began to be remedied by Congress in the early nineteenth century.

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 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 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.

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