what happens if an attorney general doesn't defend a stat law

Can a state attorney general refuse to defend a state law?

Jul 27, 2017 · When he was Maine’s attorney general back in the 1990s, Tierney refused to defend a state law he felt was without merit. The state Supreme Court upheld his authority to exercise judgment about ...

Are attorneys general legally obliged to defend state law?

Dec 13, 2013 · Bottom line: The state’s attorney general is charged with defending state laws and cannot choose whether to defend a law that the Texas Legislature enacts if it is challenged in court. But he or...

Can the Attorney General concede the unconstitutionality of a state statute?

If state law dictates that an attorney general may (or must) refuse to defend state statutes from state constitutional challenges, then she may (or must) decline to defend state statutes from federal constitutional challenge. This rule against discrimination still leaves states in the driver ’ s seat when it comes to the duty to defend. 13

When does an attorney general have to contest a state statute?

Jun 25, 2014 · Under Section 6 of the Consumer Fraud Act, any person who fails to comply with an Attorney General subpoena is subject to the filing of a complaint in circuit court.

Does the US Attorney General prosecute?

The Attorney General of California is the chief law officer of California and the state's primary legal counsel. The attorney general "[sees] that the laws of the State are uniformly and adequately enforced" and prosecutes violations of state law through the California Department of Justice, which he or she oversees.

What does the Attorney General do UK?

The attorney general is also the chief legal adviser of the Crown and its government, and has the primary role of advising the government on any legal repercussions of their actions, either orally at meetings or in writing. As well as the government as a whole, they also advise individual departments.

What does the Attorney General do in Texas?

The main responsibilities of the Office of the Attorney General are defending the State of Texas and its duly elected laws by providing legal representation to the State, serving the children of Texas through the enforcement of the state's child support laws, securing justice for Texans, protecting Texans from waste, ...

What does the Attorney General do in Virginia?

The Attorney General of Virginia is a publicly elected executive official in the Virginia state government. The attorney general provides legal advice and representation for all state agencies.

What is the job of paymaster general?

The Paymaster General makes payments on behalf of departments in respect of such items as salaries, contractors' accounts, subsidies, compensation and payments relating to social and other services.

Who is the current UK Attorney General?

Hon Suella Braverman QC MPThe Rt Hon Suella Braverman QC MP Suella Braverman was appointed Attorney General on 13 February 2020. She was previously Parliamentary Under Secretary of State at the Department for Exiting the European Union from January to November 2018. Suella was elected as the Conservative MP for Fareham in May 2015.

How many attorney generals are there in Texas?

OfficeholdersNo.NameTerm of service47Dan Morales1991–199948John Cornyn1999–200249Greg Abbott2002–201550Ken Paxton2015–present46 more rows

How do I file a complaint against a Texas district attorney?

The State Bar of Texas is the agency with authority to regulate attorneys in Texas. If you have a complaint about the actions of an attorney, contact the State Bar's Grievance Committee at (800) 932-1900.

What is the primary job of the attorney general quizlet?

What is the role of the Attorney General? Head of the Department of Justice, top law enforcement officer and lawyer for the United States, defends the US and the Constitution in court cases.

Who can request an attorney general opinion in Virginia?

A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the Attorney General for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

What are the two houses in the Virginia General Assembly?

The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, and an upper house, the Senate of Virginia. Combined together, the General Assembly consists of elected representatives from an equal number of constituent districts across the commonwealth.

What is the highest court in the state of Virginia?

The Supreme Court of VirginiaThe Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia.

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 are the differences between Republican and Democratic attorneys general?

Sharp differences between Republican and Democratic views about the propriety of same-sex marriage bans explain why Republican attorneys general claim that same-sex marriage bans must be defended and why many Democratic attorneys general ar gue that the duty to defend does not apply to same-sex marriage bans. 209 After all, Republican attorneys general really don’t all believe that all state laws must be defended; recall that some Republican attorneys general have refused to defend state domestic partnership registry laws and gun control measures. 210 Relatedly, we suspect that if a large number of Republican attorneys general stopped defending affirmative action plans or campaign finance laws, some Democratic attorneys general might vigorously criticize the nondefenses. Because Democratic and Republican politicians often seek to distance themselves from the opposite party by embracing polarizing policies, 211 we expect that Republican and Democratic attorneys general will continue to refuse to defend laws that frustrate their party’s diverging agendas.

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 does refusal to defend mean?

For our purposes, a refusal to defend connotes (1) that the attorney general will not defend and (2) that the attorney general’s decision is predicated on her interpreting the state constitution, the federal constitution, or a higher court ruling (typically the U.S. Supreme Court or state supreme court).

What is a complicated question, one that cannot be decided by reference either to the oath state officers?

a complicated question, one that cannot be decided by reference either to the oath state officers. must take to support the federal Constitution or the supremacy of federal law. Instead, whether a. state attorney general must defend state law turns on her own state’s laws.

Is a defense of state law a nondefense of state law?

The contours of what constitutes a defense of state law—and, by implication, a nondefense of state law—are hardly self-evident. The duty to defend and its antipode, the duty to attack, can be conceived as forming a continuum of stances.

How are Attorney General investigations resolved?

Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.

What is the role of the Attorney General of Illinois?

In Illinois, and across the nation, the Attorneys General serve as the law firm to the states. These offices has separate sections or divisions that focus on a particular area of law such as antitrust, Medicaid, consumer protection, and criminal law. Knowing the investigative powers of Attorneys General, and how to respond in the event of an investigation can ensure that minor regulatory issues do not grow into major problems. Should an investigation arise, the tension and balance is to achieve full cooperation while protecting privileges.

Why is it important to analyze objections before responding to a subpoena?

It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver. It is important to begin at the beginning and not overlook any object ions. For instance, ensure that service was proper and that personal jurisdiction exists.

What is the threshold question in a subpoena?

A threshold question in a document production is the manner in which the documents will be made available to the Attorney General. The manner of production takes on heightened importance when confidential or proprietary information is involved.

What is reasonableness in a subpoena?

Reasonableness is the touchstone for most, if not all, aspects of life, including responding to an Attorney General subpoena. There is immense value in meeting with the Attorney General as soon as possible to present the respondent’s version of events and to understand the motivations for the investigation.

Can a subpoena be quashed?

Also, a subpoena may be quashed if it requires a witness to travel or produce documents more than a certain distance from a respondent’s residence, place of employment or business. Beyond attorney-related privileges, there are other privileges that may render a subpoena objectionable.

Does the Attorney General have to prove unlawful conduct before issuing a CID?

To issue a CID, it is only necessary for an Attorney General to believe that a person has, or may be, engaged in unlawful conduct. Attorney General does not have the burden to prove unlawful conduct before issuing a CID.

What is the DOJ section 508?

Section 508 directly addresses DOJ succession and provides that “ [i]n case of a vacancy in the office of Attorney General, . . . , the Deputy Attorney General may exercise all the duties of that office.” Consequently, if Sessions is fired or resigns, under this provision Deputy Attorney General Rod Rosenstein would assume the attorney general’s authorities.

Will Jeff Sessions resign?

Although Attorney General Jeff Sessions has reportedly expressed no inclination to resign, President Donald Trump’s evident and quite public “ disappointment ” over Sessions’s ( clearly correct) decision to recuse himself from investigations relating to the 2016 presidential campaign raises the prospect of a potential vacancy in the office of the attorney general. Such a vacancy would render arcane Department of Justice succession rules tremendously consequential, as the person who would act to fill that vacancy could assume the mantle of supervising Special Counsel Robert Mueller’s investigation until a new attorney general is confirmed.

What to do if your attorney doesn't comply with your obligations?

If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior.

What is the role of an attorney in a legal case?

An attorney must act with reasonable diligence and promptness when representing a client. To that end, the attorney must be careful not to have a conflict of interest in the matter or with clients. Further, the lawyer must consult with and reasonably inform the client of information related to the legal matter at hand.

What is a disciplinary complaint against an attorney?

A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint.

Why do lawyers use reasonableness?

Most of the Rules of Professional Conduct use a reasonableness standard in order to determine if an attorney’s conduct is appropriate. Since an attorney is a professional, the question would be one of reasonableness for other professional attorneys.

What is the responsibility of an attorney?

An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.

Do attorneys have to take a professional responsibility exam?

In most jurisdictions, attorneys are required to take and pass a Professional Responsibility Exam prior to being admitted to the bar. Upon admittance to the bar, attorneys agree to comply with the ethical requirements of their jurisdiction. Most attorneys uphold that promise.

Can a client pursue a malpractice claim in court?

Clients also have the right to pursue legal malpractice claims in court. If a client successfully proves that a lawyer was negligent or guilty of misconduct and that the client suffered monetary damages as a result then the client may recover those damages in a professional malpractice lawsuit.