what is the attorney general's role in the department of justice

What is the main job of the 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 public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation Proposing legislation

What is the job description of the Attorney General?

The Attorney General controls and manages all litigation on behalf of the State, and may also intervene in all suits or proceedings which are of concern to the general public. The Attorney General’s legal views and opinions prevail when a conflict arises between state agencies and officers whom the Attorney General represents.

What are the responsibilities of the US Attorney General?

The Attorney General acts in the public interest, including upholding the Constitution, the rule of law and respect for the independence of the courts. The Attorney General conducts litigation on behalf of the Government and provides legal advice and legislative services to government departments and agencies.

What are the powers of the Attorney General?

Roles and functions. The department supports the Attorney-General as First Law Officer and the chief legal adviser to government and minister responsible for national security. We also support the Minister for Justice and Minister Assisting the Prime Minister for Counter-Terrorism in law enforcement, criminal justice, counter-terrorism and emergency management.

What is the difference between the DOJ and the Attorney General?

Who runs the Department of Justice?

Who is the new U.S. Attorney General?

Is the FBI part of the Department of Justice?

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

What does Barr believe about the executive branch?

Barr believes that congressional subpoenas and restrictions to the President’s removal power and legislative vetoes are encroachments on the power of the Executive branch . In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur.

What was Barr's role in the Iran Contra scandal?

When Barr served as Attorney General in the Bush (41) administration, he orchestrated the pardons for six people caught up in the Iran-Contra scandal. The ACLU has concluded of Barr’s record in both private and public life that “Barr amassed a record of advancing policies that advocated dragnet government surveillance, mass incarceration, and discriminatory profiling while pushing an aggressive theory of expansive executive power that sidelines Congress’ constitutional role in checking the president.”

What happens if there is no Attorney General?

There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at hand as interim Attorney ...

How many agencies does the Department of Justice have?

The Department of Justice touches nearly every part of legal life in America, from violent crime to tax code violations, with nearly sixty separate and distinct agencies listed on the DOJ website. Other notable agencies the DOJ is responsible for include:

What is the role of the Attorney General?

In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed on behalf of the United States. The Act also vested in the Attorney General supervisory power over the accounts of U.S. Attorneys and U.S. Marshals.

Who created the Office of the Deputy Attorney General?

Office of the Deputy Attorney General. On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney, appointed by the President with the advice and consent of the Senate, is the Department's second-ranking official and functions as a Chief Operating Officer;

When was the Office of the Associate Attorney General created?

The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977.

Who provides advice and opinions on legal matters?

Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the government, as provided by law.

What is the role of the ODAG?

The mission of the ODAG is to advise and assist the Attorney General in formulating and implementing Department policies and programs and in providing overall supervision and direction to all organizational units of the Department. The major functions of the DAG are to:

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.

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.

What was the purpose of the Attorney General's Office?

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 United States solicitor general and the White House counsel .

How much does an attorney general make in 2021?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 2021.

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.

Who was the acting attorney general of the United States in 2017?

For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on to serve as the acting attorney general until the confirmation of the new attorney general Jeff Sessions, who had been nominated for the office in November 2016 by then- President-elect Donald Trump.

When was the Department of Justice established?

The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.

What does the Attorney General do?

The Attorney General controls and manages all litigation on behalf of the State, and may also intervene in all suits or proceedings which are of concern to the general public. The Attorney General’s legal views and opinions prevail when a conflict arises between state agencies and officers whom the Attorney General represents.

What is the role of the Attorney General of Montana?

Under Montana law, the Attorney General is the state’s chief legal officer, chief law enforcement officer, and director of the Montana Department of Justice. As the State’s chief legal officer, the Attorney General is responsible for representing and defending Montana’s legal positions ...

What is the code for prosecuting a public agency in Montana?

Prosecute all public offenses involving a state agency as reported by the Montana Legislative Auditor. Mont. Code Ann. § 5-13-310.

Where to contact Attorney General for fraud?

If a citizen has a complaint about a business, fraud, phone scam, or identity theft, he or she should contact the Attorney General’s Office of Consumer Protection, P.O. Box 200151, Helena, MT 59620-0151, or call (406) 444-4500 or toll-free 1-800-481-6896.

Does the Attorney General have authority over judges in Montana?

Likewise, the Attorney General does not have authority over Montana judges. If a citizen has a complaint about improper or unethical conduct involving a judge, he or she should contact the Judicial Standards Commission, Court Administration Office, P.O. Box 203005, Helena, MT 59620-3005.

Does the Attorney General supervise state agencies?

The Attorney General does not direct or supervise state agencies other than the Department of Justice . Complaints about state agencies should be directed to the specific agency’s director or to the office of the Governor.

Who is responsible for defending Montana's laws?

As the State’s chief legal officer, the Attorney General is responsible for representing and defending Montana’s legal positions and Montana’s laws with other sovereign governments such as the federal government and other states. Montana’s Constitution provides that “ [t]he attorney general is the legal officer of the state and shall have ...

What is the role of the Attorney General?

The Attorney General conducts litigation on behalf of the Government and provides legal advice and legislative services to government departments and agencies.

What is the role of the Attorney General in civil litigation?

In the civil litigation context, departments generally act as instructing clients within the framework of the Attorney General’s responsibility to uphold the rule of law. Depending on the complexity or sensitivity of a case, it may be appropriate for the Attorney General to consult with the Prime Minister as well as other Cabinet ministers whose mandates could be affected by particular litigation.

What powers does the Attorney General have under the Director of Public Prosecutions Act?

The powers of the Attorney General under the Director of Public Prosecutions Act to direct or assume the conduct of a prosecution would be exercised only in exceptional cases. Publishing public notices provides for transparency as well as accountability for the Attorney General in their decision-making.

What is the constitutional principle of the Attorney General?

The Attorney General and the Director of Public Prosecutions are bound by the constitutional principle that the prosecutorial function be exercised in the public interest and independent of partisan concerns or direction.

What is prosecutorial independence?

However, prosecutorial independence means that government departments, including those with investigative authorities, cannot instruct the DPP that a certain course of action must be followed. The Office of the DPP has issued guidelines to its prosecutors on the conduct of such consultations.

What does the Director of Public Prosecutions do?

Under the Director of Public Prosecutions Act, the Director of Public Prosecutions must notify the Attorney General about important questions of general interest that cases might present. Under the Act, the Attorney General may issue directives to the Director, which may be general or about specific prosecutions.

What is the Department of Justice Act?

The Department of Justice Act creates the Department of Justice, over which the Minister of Justice presides, and sets out the powers, duties and functions of the Minister of Justice and Attorney General of Canada. It provides that the Minister is also Her Majesty’s Attorney General of Canada. The Minister of Justice is the legal member ...

Roles and functions

The department supports the Attorney-General as First Law Officer and the chief legal adviser to government and minister responsible for national security. We also support the Minister for Justice and Minister Assisting the Prime Minister for Counter-Terrorism in law enforcement, criminal justice, counter-terrorism and emergency management.

Structure

Four operational groups carry out the department's role, delivering strategic priorities through a range of policy and program activities. They are:

About the portfolio

The department leads a portfolio that provides expert advice and services. As at 30 June 2017, the portfolio was structured as follows:

What is the role of the Attorney General?

The Attorney General protects the interests of the Crown by litigating on behalf of the Crown and by providing legal advice to ...

What is the role of the Attorney General and Minister of Justice?

Dual Role: Minister of Justice and Attorney General. The Department was officially established upon the adoption of the Department of Justice Act in 1868, with Sir John A. Macdonald presiding as the first Minister of Justice and Attorney General. The Act stipulates that the Minister of Justice is responsible for the management and direction ...

What does the Attorney General represent?

While client departments generally provide instructions to the Attorney General in civil litigation matters, the Attorney General represents the Crown and not individual departments or agencies. Therefore, the Attorney General seeks to protect interests for the whole of government when providing legal advice and conducting litigation.

What is the role of the Minister of Justice?

The Minister of Justice is responsible for matters connected with the administration of justice that fall within federal jurisdiction and fulfils this responsibility by developing policies, laws, and programs to strengthen the national framework. There is considerable collaboration with the provinces and territories with respect to policy development and provision of services including young offenders’ services, legal aid, Aboriginal courtworkers, family maintenance enforcement, and public legal education and information.

What is the power of the Minister of Justice to review a conviction?

The Criminal Code, sections 696.1–696.6, gives the Minister of Justice the power to review a conviction to determine whether there may have been a miscarriage of justice. This power has been part of Canada’s justice system since the original Criminal Code of 1892.

Who is responsible for the management and direction of the Department of Justice?

The Act stipulates that the Minister of Justice is responsible for the management and direction of the Department, and is also ex officio Her Majesty’s Attorney General of Canada. The Department supports the Minister in both of these roles. See the Department of Justice Act. The Minister of Justice has lead responsibility for 46 Acts ...

Who is responsible for the administration of extradition and mutual legal assistance in criminal matters?

Extradition And Mutual Legal Assistance. Section 7 of the Extradition Act and the Mutual Legal Assistance in Criminal Matters Act, states that the Minister of Justice is responsible for the administration of these acts and the implementation of any treaties entered into under them.

What Is The Role of The Attorney General?

See more on rantt.com

How Does One Become Attorney General?

What Are The Most Important Powers of The Attorney General?

Who Is The Current Attorney General?

What Agencies Are Under The Department of Justice?

History of The Attorney General

List of Attorneys General

The Rantt Rundown

Office of The Attorney General

• The position of Attorney General was created by the Judiciary Act of 1789. In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed o...

See more on justice.gov

Office of The Deputy Attorney General

Office of The Associate Attorney General

Overview

History

Presidential transition

Line of succession

See also