what does a state attorney general do at state level

by Prof. Paxton Mitchell PhD 4 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.

What is the job description of an attorney general?

State Attorneys 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 …

What are the duties of the US 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 …

What are the duties of a Deputy Attorney General?

While varying from one jurisdiction to the next due to statutory and constitutional mandates, the role of attorney general typically includes: Issuing formal opinions to state agencies Acting as …

How to address the Attorney General?

Aug 21, 2018 · State Attorney General's Duties. The primary duties of state attorneys general include representing state governments in legal actions and protecting the public through …

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What is the attorney general of a state?

Image of What is the attorney general of a state?
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

Does the attorney general work in state or local government?

The office of attorney general exists in all 50 U.S. states. 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.

What are the functions of Attorney General?

(5) The Attorney-General shall have authority, with the leave of the court, to appear as a friend of the court in any civil proceedings to which the Government is not a party. (6) The Attorney-General shall promote, protect and uphold the rule of law and defend the public interest.

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

Who is the chief legal advisor of the state government?

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 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 territories does Ballotpedia cover?

Although Ballotpedia covers the five U.S. territories#N#The five U.S. territories are American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands.#N#and their officeholders, territory officeholders are not included in the following figures.

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 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.

How many states were elected in 2012?

2012. Ten states held attorney general elections in the 2012 electoral cycle: Indiana, Missouri, Montana, North Carolina, Oregon, Pennsylvania, Utah, Vermont, Washington and West Virginia . Heading into the November election, the Democrats held six of the seats and the Republicans held four seats.

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.

Who has the responsibility to uphold the laws of the state and country?

Rather, the state attorney general has the responsibility to uphold the laws of the state and country and to ensure that its citizens are protected from harm as much as possible.

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 ...

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.

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.

Do state attorneys general work full time?

With so much to be accomplished, state attorneys general work full-time and often work overtime. They are on the go much of the time, rather than sitting behind a desk. The job can be a stressful one. Whether elected or appointed to the position, the AG has many people to keep happy.

Can an AG handle all of the judicial divisions?

Of course, a state AG can't handle all of these tasks single-handedly. AGs rely on the heads of different divisions within the state's judicial system. These typically include civil, criminal, fraud and family divisions, in addition to the executive office and possibly other divisions depending on the state. The attorney general of each state also ...

Do all AGs have to have a law degree?

By law, though, 19 states do not have provisions mandating that their AG must have a law degree. Nevertheless, all of the AGs in those states do have law degrees and experience as a lawyer. Getting a law degree requires first earning a bachelor's degree.

Does the Attorney General appear in court?

The attorney general rarely appears in court, but makes key decisions on major cases, assists in local and federal investigations and meets with legislators and constituents on a regular basis, according to Walter Cohen, who served as first deputy attorney general over six years and then as acting attorney general for several months in 1995.

How old do you have to be to become an attorney general in Pennsylvania?

To become attorney general, you have to be able to practice law in Pennsylvania, be at least 30 years old and have lived in Pennsylvania for the past seven years (exceptions for politicians and public employees). Of the five candidates, there are two politicians and three with extensive experience as prosecutors.

What does the Criminal Division do?

The criminal division investigates drug trafficking, child predators (more than 150 were arrested each of the past two years), organized crime and public corruption, according to the office’s 2015 annual report.

What is the Roe v Wade ruling?

This was the 1992 landmark abortion ruling that upheld the basic tenet of Roe v. Wade that a woman has the right to an abortion. It established a new “undue burden” test, which struck down part of the Pennsylvania law which required wives to notify their husbands before getting an abortion.

Who is the chairman of the Montgomery County Board of Commissioners?

Shapiro is the chairman of the Montgomery County Board of Commissioners and was appointed to be the chairman of the Pennsylvania Commission on Crime and Delinquency [PCCD] by Gov. Tom Wolf about a year ago.

Who is Joe Peters?

Republican candidate Joe Peters was a Scranton police officer, an organized crime and drug prosecutor in the attorney general's office for 15 years, a federal mafia prosecutor and oversaw a White House drug trafficking program. He most recently served as Kathleen Kane’s spokesman for about eight months in 2013 and 2014.

Is the attorney general a function of state law?

Therefore, whether a state attorney general has a duty to defend, a duty to decline to defend, a duty to concede, a duty to attack, or exercises discretion as to when to defend, stay silent, concede, or attack, is a function of state law.

Can a state attorney general defend a 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.

Do state constitutions have a duty to defend?

State constitutions lack explicit reference to a duty to defend. State statutes are more of a mixed bag. Sometimes these statutes reference a duty to defend. In one state, the statute references a rather different obligation, a duty to contest the constitutionality of state law.

What does the state statute say about the attorney general?

109 Most state statutes provide that the attorney general is to represent (or appear on behalf of) the state or has a duty to represent it.

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 meant by states and their officers?

The states, and their officers, were meant to be safeguards of a limited federal Constitution, not the front-line champions of federal power via candid confessions of federal supersession. Federal statutes are similarly indifferent as to whether attorneys general have a duty to concede the invalidity of state law.

What is a prosecutor?

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is ...

What is a state attorney?

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is the trial prosecutor depicted in countless television shows, books and films, State's Attorneys don't just prosecute accused criminals. ...

Do state attorneys prosecute criminals?

But while the most iconic image of a State's Attorney is the trial prosecutor depicted in countless television shows, books and films, State's Attorneys don't just prosecute accused criminals.

What does the head of law enforcement do?

As the head law enforcement official for their jurisdiction, they're also charged with looking out for the public's interest in all legal matters. Sometimes, that means filing a lawsuit against a company taking part in illegal business practices, in order to punish it and force it to stop.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

Does a state attorney do the job alone?

But a State's Attorney hardly ever does the job alone . Many have offices that contain dozens or even hundreds of appointed assistant or deputy State's Attorneys, as well as support staff. These assistants or deputies are the ones who routinely appear in court, representing the State's Attorney's office.

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

What are the qualifications for an attorney general?

The most common qualifications address minimum age, citizenship, residency, electoral status, and bar admission. Others prohibit the attorney general from holding multiple offices.

Can an attorney general hold multiple offices?

Others prohibit the attorney general from holding multiple offices. Some states expressly prescribe these qualifications through their constitution or statute. Others are less specific and imply qualifications. For example, states often require the attorney general to be an elector.

How many states have an attorney general?

According to the National Association of Attorneys General (NAAG), state constitutions establish the Office of the Attorney General in 44 states and the selection method and term length in 42 states.

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Overview

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.

Selection

The most prevalent method of selecting a state's attorney general is by popular election. 43 states have an elected attorney general. 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 …

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.

See also

• State constitutional officer (United States)
• National Association of Attorneys General
• List of U.S. statewide elected officials

External links

• Listing of official State Attorney General websites