what does the attorney general of virginia do

by Violette Farrell 9 min read

Providing legal advice, official opinions, to members of the Virginia General Assembly and local government officials. Defending the state in cases of criminal appeals and suits against the state. Defending the constitutionality of state laws.

What does the Office of the Attorney General do?

The Office of the Attorney General provides legal services to the Commonwealth’s agencies, boards, commissions, colleges and universities. They are the Commonwealth’s law firm, defending the interests of Virginians and Virginia government and also work with law enforcement throughout the Commonwealth to prepare for emerging public safety threats …

How do I become an attorney general in Virginia?

Responsibilities. The Office of the Attorney General is the Commonwealth's law firm. In addition to representing the interests of the people of Virginia, our clients are Virginia state government and the state agencies, boards and commissions that compose it. The Office of the Attorney General includes a chief deputy attorney general, four deputy attorneys general who oversee …

How many terms can you serve as Attorney General in Virginia?

About the Attorney General. Attorney General Jason Miyares' story doesn't start in Virginia Beach, Virginia, but in Havana, Cuba when his mother, Miriam Miyares, fled communist Cuba, penniless and homeless. She taught Jason a love for freedom, democracy, and that America is indeed the “last best hope on earth.”.

What does a commonwealth attorney do in Virginia?

CONTACT. Office of the Attorney General 202 North 9th Street Richmond, Virginia 23219. Phone: (804) 786-2071

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What is the main purpose of the 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.

What is the most important duty of state Attorney General?

Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts. Handling criminal appeals and serious statewide criminal prosecutions. Instituting civil suits on behalf of the state.

Who has more power governor or attorney general?

The vast majority of state attorneys general are elected separately from the governor, which means they're free to make their own decisions about which cases to prosecute. Governors can try to influence them informally—and in most cases, their interests line up—but they have no formal power over the AGs.

Who is the current attorney general of Virginia?

Attorney General of VirginiaIncumbent Jason Miyares since January 15, 2022StyleThe HonorableTypeElected constitutional positionTerm lengthFour years4 more rows

When was the Attorney General of Virginia elected?

Elected at the Wheeling Convention and then in a May 1862 election for the Restored Government of Virginia in Wheeling. Attorney general for the Restored Government of Virginia in Wheeling, then Alexandria, after West Virginia separated, and in post-war Reconstruction Virginia.

What is the job of the Attorney General?

The Attorney General heads the Office of the Attorney General, also known as the Department of Law. The Attorney General and their Office have several duties and powers granted by state law. These include: Providing legal advice and representation in court for the Governor and the state government in general.

What happens when the same party captures the governor's office?

When the same party captures both offices, intraparty rivalries and rifts can develop around which person should be the next gubernatorial nominee. For example, in 2001, there was a bitter intraparty battle in the Republican party between Attorney General Mark Earley, who was strongly backed by social conservatives, and Lieutenant Governor John H. Hager, who was backed by other factions of the party. Earley prevailed, but Hager and many of his supporters gave only perfunctory endorsements of Earley or openly supported the successful Democratic nominee Mark Warner. A comparable intramural battle occurred in 2013, when social conservatives and Tea Party Virginians backed Ken Cuccinelli, with more moderate conservatives backing Lt. Gov. Bill Bolling. The Virginia Republican Party, led by backers of Cuccinelli, changed the nomination procedure from a statewide primary to a nomination by convention. Cuccinelli won the nomination in 2013. When one party captures neither office, it is left without a frontrunner for the next gubernatorial election. However, this allowed two of the most popular recent governors, Warner and George Allen, to win their parties' nominations and the subsequent elections without having held statewide office.

How long is the term of the Attorney General of Virginia?

Attorneys General are elected for a four-year term in the year following a presidential election. There are no term limits restricting the number of terms someone can serve as Attorney General.

Why is the Attorney General of Virginia considered a stepping stone to higher office?

Because it is one of only three statewide elected offices in the state government, the post of Attorney General is seen as a stepping-stone to higher office, especially Governor of Virginia.

Who was the attorney general of the Republican Party in 2001?

For example, in 2001, there was a bitter intraparty battle in the Republican party between Attorney General Mark Earley, who was strongly backed by social conservatives, and Lieutenant Governor John H. Hager, who was backed by other factions of the party.

Who replaces the Governor of Virginia?

Whenever there is a vacancy in the office of the Governor of Virginia, the Governor is replaced by the Lieutenant Governor of Virginia. However, if there is also a vacancy in the office of Lieutenant Governor, then the Attorney General becomes Governor.

What is the role of the Attorney General of Virginia?

As Attorney General, it is my duty to fight for greater justice, equality, opportunity, and security for all Virginians, and to provide legal services to the Commonwealth's agencies, boards, commissions, colleges and universities. We are the Commonwealth's law firm, defending the interests of Virginians and Virginia government.

What is the office of the Attorney General?

The Office of the Attorney General is the Commonwealth's law firm. In addition to representing the interests of the people of Virginia, our clients are Virginia state government and the state agencies, boards and commissions that compose it.

How many attorneys are there in the Attorney General's Office?

The Office of the Attorney General includes a chief deputy attorney general, four deputy attorneys general who oversee 21 specialized sections of the law, and other employees including assistant attorneys general, additional lawyers appointed as counsel to particular agencies or universities, legal assistants, legal secretaries and other professional support staff.

What does Attorney General Herring believe?

Attorney General Herring believes that transparency and accountability are keys to good governance. The people of Virginia have the right to know how their money is being spent and how this office is working on their behalf.

What is the role of antitrust laws?

Enforce antitrust laws that protect businesses and consumers from behavior that defeats healthy competition.

How to ensure justice?

Ensure justice by defending criminal convictions on appeal, defending the state when prisoners sue concerning their incarceration, and assisting victims of crime who are following criminal cases at the appellate level.

Why do we need to administer the Sexually Violent Predator Civil Commitment Program?

Administer the Sexually Violent Predator Civil Commitment Program to protect children from the most dangerous predators.

Who is the Attorney General of Virginia?

Mark Herring became the 48th Attorney General of Virginia on January 11, 2014. He is working to keep Virginia families safe in their communities and neighborhoods, promote justice, equality, and opportunity for all Virginians, and provide legal services to the people of Virginia and their government.

How much has Attorney General Herring won?

Attorney General Herring’s Consumer Protection section has won more than $100 million in debt relief for veterans and military families who were targeted by shady businesses. He has recovered millions from banks and mortgage companies who he believes took advantage of Virginians.

What is the role of the Attorney General of Virginia?

The attorney general provides legal advice and representation for all state agencies. The attorney general also provides written legal advice in the form of official opinions to members of the Virginia General Assembly ...

Who was the attorney general of Virginia during the Civil War?

There were two attorneys general in this era: Republican James S. Wheat (1861-1862) and Unionist/Republican Thomas Russell Bowden (1863-1869). Bowden served past the end of the Restored Government.

How much does the Attorney General make in 2020?

In 2020, the attorney general received a salary of $150,000 according to the Council of State Governments.

How often is the Attorney General elected in Virginia?

Virginia state government organizational chart. The attorney general is elected every four years at the same time the governor is elected. These elections take place one year after the presidential elections (e.g. 2017, 2021, 2025, etc.).

What are the duties of the Attorney General?

The duties and powers of the office of the attorney general include: Provide legal advice and representation to the governor and executive agencies, state boards and commissions and institutions of higher education.

What party controls the governor of Virginia?

Virginia has a Democratic triplex. The Democratic Party controls the offices of governor, secretary of state, and attorney general.

What is the purpose of the Virginia Sexually Violent Predator Civil Commitment Program?

Administer the Virginia Sexually Violent Predator Civil Commitment Program to protect children from the most dangerous predators. ”. A complete list of the duties of the office is outlined in the Virginia state code.

Who was the attorney general for James Fields?

Attorney General Mark R. Herring and his team have successfully defended the convictions of James Fields, who was convicted of running his car into a group of pedestrians during the Unite the Right Rally in Charlottesville killing one and injuring others.

Who signed the Victims of Crime Act?

Today, Attorney General Mark Herring joined President Joe Biden, Vice President Kamala Harris, members of Congress, victims’ advocates, and others at the White House for the signing of the Victims of Crime Act (VOCA).

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 are the duties of a Virginia prosecutor?

In the most serious criminal cases, prosecutors often recommend prison sentences to separate dangerous people from the public so they can’t hurt others. In other cases, prosecutors recommend counseling, restitution, diversion or other alternative solutions to seek justice and work to provide access to services people need to stay out of the criminal justice system.

What do prosecutors care about?

ANSWER: Our prosecutors care deeply about the welfare of all Virginians, especially those in need of assistance. People with mental health issues, drug additions or who are homeless are accountable for their behavior under the law just like the rest of us. Many Commonwealth’s Attorneys participate in and dedicate staff to alternative sentencing programs. Some examples of these programs are drug court, mental health court, DUI court, community and veterans court. These programs strive to keep people out of prison by providing solutions and resources to people who need the help the most. Many of these programs are not funded by the state. Some elected prosecutors seek outside grant funding like the Commonwealth Attorney in Virginia Beach did….

What is the burden of the Commonwealth of Virginia?

After a Commonwealth’s Attorney gets a case, they have the burden of continuing the investigation, introducing evidence on behalf of the state and proving a defendant’s guilt beyond a reasonable doubt. Defendants have no obligation to prove their innocence in a court of law. That burden solely rests with the Commonwealth of Virginia through the efforts of the prosecutor.

Why do prosecutor in Virginia do what they do?

If you ask a prosecutor in Virginia why they do what they do, most would agree that they have a desire to serve their community, pursue social justice and to do the right thing. They understand both the responsibility and the privilege of serving as a prosecutor.

How many alternative courts are there in Virginia?

Virtually every jurisdiction in Virginia has at least one alternative court or diversion initiative, and some have as many as 10! And – all of these programs were initiated by the local Commonwealth’s Attorney. With more and more of these initiatives emerging every year, it’s clear that Virginia’s Commonwealth’s Attorneys are absolutely committed to making our justice system modern, resource efficient, effective and fair for all.

What are the rights of defendants?

Defendants have extensive rights in our legal system. These rights stem directly from the Constitution of the United States, as well as the Constitution of Virginia. It is the job of Commonwealth’s Attorney to do everything in his or her power to protect the rights of anyone who is charged in a criminal case.

Do prosecutor's work in Virginia?

However, there are some limited times when a prosecutor cannot speak publicly about a case. This is either to protect the integrity of an investigation or to protect the defendant’s right to a fair trial. The public can utilize Virginia’s open records laws to request documents and information from the court. You may also visit your local prosecutor in person! They would love to see you and answer your questions.

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Current Officeholder

The Attorney General of Virginia is an elected constitutional position that holds an executive office in the government of Virginia. Attorneys general are elected for a four-year term in the year following a presidential election. There are no term limits restricting the number of terms someone can serve as attorney general.

Authority

Qualifications

Elections

Vacancies

Duties

Divisions

Historical Officeholders

  • The attorney general is elected every four years at the same time the governor is elected. These elections take place one year after the presidential elections (e.g. 2017, 2021, 2025, etc.).Legally, the inauguration is always held on the Saturday after the second Wednesday in January after an election.
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Recent News

  • In the event of a vacancy in the office, the governorshall fill the vacancy by appointment. The appointee shall hold office until the next general election.
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