what is maximum term of acting attorney general

by Brianne Hackett 3 min read

How long does an acting president have to serve?

For vacancies that occur on the day of or within 60 days of a new president’s inauguration, an acting officer may serve for 300 days from the date of the vacancy—creating the deadline that current acting officers began to face earlier this month.

How long do Trump’s acting officers have to fill vacancies?

Though the acting officers in approximately 400 key vacancies that remain in the Trump administration will not all hit their 300-day limit at the same time—as I explain below, most will reach their deadline within 60 days of Nov. 18—the number is staggering.

Who is the second highest ranking acting officer in the executive branch?

Duke is the second-highest ranking acting officer in the executive branch. (Photo: DHS/Flickr) Lawfare’s readers are well-aware that the political echelons of the Trump administration are woefully understaffed. Ten months into this presidency, the pace of appointments under Trump trails that of his predecessors by three months.

When can a nominee serve as acting officer?

There’s an exception to that rule: A nominee may serve as acting officer if she has been the first assistant to the vacant position for at least 90 days or was appointed to that position with Senate confirmation.

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Who is current acting Attorney General?

Merrick GarlandIncumbent. Merrick Garland Washington, D.C. The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.

What does it mean acting Attorney General?

The President's designation of an official who does not hold a Senate-confirmed office to serve, on a temporary basis, as Acting Attorney General was consistent with the Appointments Clause. The designation did not transform the official's position into a principal office requiring Senate confirmation.

How many Attorney General are there in India?

Attorney General of India (Article 76) - UPSC Indian Polity NotesAttorney General of IndiaName of the Attorney GeneralTenure13th Attorney GeneralGoolam Essaji Vahanvati8 June 2009 – 11 June 201414th Attorney GeneralMukul Rohatgi12 June 2014 – 30 June 201715th Attorney GeneralK.K. Venugopal30 June 2017 till date12 more rows

Who was the acting Attorney General before Barr?

Matthew WhitakerPresidentDonald TrumpDeputyRod RosensteinPreceded byJeff SessionsSucceeded byWilliam Barr22 more rows

Who is the present Attorney General of India?

K. K. VenugopalThe 15th and current Attorney General is K. K. Venugopal. He was reappointed by President Ram Nath Kovind in 2020. He began his service on 30 June 2017.

What is the difference between Attorney General and Chief Justice?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.

Who can remove Attorney General India?

the presidentThe constitution of India does not provide any fixed tenure to the Attorney General of India. So, AGI holds office during the pleasure of the president. The Attorney General of India can be removed by the president at any time. There is no procedure or ground mentioned in the constitution for the removal.

Who can remove the attorney general?

1) He is appointed by President of India. 2) He holds office during the pleasure of the President. 3) He must be member of either House of Parliament. 4) He can be removed by impeachment by Parliament.

Who is the first woman Attorney General of India?

Cornelia Sorabji was born on 15 November 1866 in Nashik, in the Bombay Presidency, British India.

How long was Barr Attorney General?

William BarrOfficial portrait, 201977th and 85th United States Attorney GeneralIn office February 14, 2019 – December 23, 2020PresidentDonald Trump30 more rows

Who was acting AG after Barr?

Jeffrey A. RosenPreceded byWilliam BarrSucceeded byMonty Wilkinson (acting)38th United States Deputy Attorney GeneralIn office May 22, 2019 – December 23, 202027 more rows

How much does Barr make?

2019-2023Contract:5 yr(s) / $67,500,000Signing Bonus$13,000,000Average Salary$13,500,000Total Guarantees$33,000,000Guaranteed at Signing$15,900,0001 more row

What is the job of the Attorney General?

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.

When does the Attorney General have to resign?

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.

Who was the attorney general nominee for Clinton?

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.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

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 second type of attorney general?

The second type of attorney-general ("procureur-generaal", while their replacements are called "advocaat-generaal") is an independent advisor to the Supreme Court . These people give an opinion on cases (called "conclusies") in any field of law (not just criminal law), supported by a scientific staff.

What is a non common law office?

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.

What is the office of the Attorney General of the Philippines?

The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes.

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 did the Supreme Court decide that acting officers are entitled to pay for their services?

Well before the Supreme Court’s foundational decision in Eaton in 1898, courts approved of the proposition that acting officers are entitled to payment for services during their temporary appointments as principal officers. See, e.g., United States v. White, 28 F. Cas. 586, 587 (C.C.D. Md. 1851) (Taney, Circuit J.) (“[I]t often happens that, in unexpected contingencies, and for temporary purposes, the appointment of a person already in office, to execute the duties of another office, is more conven-ient and useful to the public, than to bring in a new officer to execute the duty.”); Dickins, Rep. C.C. 9, at 17, 1856 WL 4042, at *3 (finding a chief clerk was entitled to additional compensation “for his services[] as acting Secretary of the Treasury and as acting Secretary of State”). Most signifi-cantly, in Boyle, the Court of Claims concluded that the chief clerk of the Navy (who was not Senate confirmed) had properly served as Acting Secretary of the Navy on an intermittent basis over seven years for a total of 466 days. Rep. C.C. 44, at 8, 1857 WL 4155, at *1–2 (1857). The court expressly addressed the Appointments Clause question and distinguished, for constitutional purposes, between the office of Secretary of the Navy and the office of Acting Secretary of the Navy. Id. at 8, 1857 WL 4155 at *3 (“It seems to us . . . plain that the office of Secretary ad interim is a distinct and independent office in itself. It is not the office of Secre-

Is Whitaker an Acting Attorney General?

The constitutionality of Mr. Whitaker’s designation as Acting Attorney General is supported by Supreme Court precedent, by acts of Congress passed in three different centuries, and by countless examples of execu-tive practice. To say that the Appointments Clause now prohibits the President from designating Mr. Whitaker as Acting Attorney General would mean that the Vacancies Reform Act and a dozen statutes were unconstitutional, as were countless prior instances of temporary service going back to at least the Jefferson Administration.

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 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.

How to become an attorney general?

Additionally, each candidate for attorney general must: 1 Be a registered voter 2 Be registered with their party for at least three months#N#Not have been registered with a different political party in the last 12 months 3 Not have been previously term-limited out

What does the Attorney General do?

Further, the attorney general plays a direct role in law enforcement efforts and "coordinates statewide narcotics enforcement efforts, participates in criminal investigations and provides forensic science services, identification and information services and telecommunication support.".

What is the job of the Attorney General of California?

Duties. The attorney general acts as the state's chief law officer and oversees the California Department of Justice. He or she supervises the state's district and city attorneys, as well as its law enforcement officers.

How many terms can a governor serve in California?

No Lieutenant Governor, Attorney General, Controller, Secretary of State, or Treasurer may serve in the same office for more than 2 terms.

How are the salaries of California elected executives determined?

The salaries of California's elected executives are determined by the California Citizens Compensation Commission, a seven-member board appointed by the governor to six-year terms. The commission was established after voters passed Proposition 112, an amendment to the California Constitution, in 1990.

What happens when a governor vacancy occurs?

When a vacancy occurs, the governor nominates a replacement to serve the remainder of the term under the next election. The appointee must be confirmed by a majority of both house of the California legislature. Until the replacement is approved, the former officeholder's chief deputy exercises the office.

When is the attorney general election?

Elections. Attorneys general are elected on the first Tuesday after the first Monday in federal midterm election years, e.g. 2018, 2022, 2026 and 2030. Like all constitutional state officers, the attorney general assumes office on the first Monday in the new year following the election.

How long can an acting officer serve in the FVRA?

When the Senate rejects a nominee for a vacancy, the FVRA allows an acting officer to serve for another 210-day period. If a second nomination is rejected, then an officer may serve one more 210-day period.

Who was the acting attorney general after Jeff Sessions was confirmed?

The FVRA is what ensured there was a functioning Department of Justice post-inauguration, when then-Deputy Attorney General Sally Yates served as the acting attorney general and again after Yates was abruptly fired by the president and Dana Boente took over as acting attorney general until Jeff Sessions was confirmed.

What happens when there is no acting officer in the Senate?

When there’s no acting officer in a Senate-confirmable position, Section 3348 says that either the agency head (if the position is not vacant) or another person authorized by another statute that allows acting service may perform that positions functions.

Who was the first assistant to the solicitor general?

That’s why Jeffrey Wall became acting solicitor general when the president nominated Noel Francisco to the position; as principal deputy solicitor general at the time, Francisco was the first assistant to the solicitor general.

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Overview

The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

History

Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. 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 U…

Presidential transition

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 deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.

Line of succession

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. Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. The current line of succession is:
1. United States Deputy Attorney General

See also

• Executive Order 13787 for "Providing an Order of Succession Within the Department of Justice"

Overview

In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen ) 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, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies betwee…

Attorneys-general in common law and hybrid jurisdictions

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.
In Australia, the attorney-general is the chief law officer of the Crown and a member of the Cabinet. 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. …

Etymology

In regard to the etymology of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of England in the 11th-century. As a variety of French, which was spoken in the law courts, schools, …

Similar offices in non-common law jurisdictions

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by the Prime Minister for a period of 5 years and must have the same qualifications re…

External links

• Quotations related to Attorney general at Wikiquote