Is the Missouri Attorney General elected or appointed?
Missouri Attorney General. The Office of the Missouri Attorney General was created in 1806 when Missouri was part of the Louisiana Territory. Missouri's first Constitution in 1820 provided for an appointed Attorney General, but since the 1865 Constitution, the Attorney General has been elected.
Is there a term limit for the Attorney General?
In 16 states, the office of Attorney General is subject to term limits. Most states with term limits specify that an office-holder may serve two consecutive terms. Most states do not specify that the two terms are an absolute limit, so that a former Attorney General may usually run again after a time, usually unspecified, out of office.
What does a criminal attorney do in Missouri?
Each year, attorneys in the Criminal Division brief and argue more than 700 cases in the Missouri Court of Appeals and the Supreme Court of Missouri. Division attorneys also assist with extraditions to and from Missouri of those charged in criminal cases.
How is the Attorney General of a state chosen?
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. Constitutions in 23 states set specific qualifications for office, the most common being minimum age and residency requirements.
How many attorneys general are there in Missouri?
As of January 2021, there have been 43 attorneys general in Missouri. Eric S. Schmitt was appointed to become the 43rd Attorney General in January 2019 filling the mid-term vacancy created by Josh Hawley 's election to the United States Senate.
Where is the Attorney General's office in Missouri?
Offices of the Attorney General are located throughout the state of Missouri with the main office being in the Supreme Court building in Jefferson City .
What does the Attorney General do?
The attorney general also renders official opinions to the executive and legislative branch and the county prosecuting attorneys on questions of law relating to their duties. The attorney general may institute quo warranto proceedings against anyone unlawfully holding office or move to oust any public official for malfeasance in office.
What states are involved in the Missouri River?
Legal battles over the Missouri River often pit Missouri against states that are upstream (specifically North Dakota and South Dakota) and the U.S. Army Corps of Engineers.
What are the consumer protection laws in Missouri?
Missouri's consumer protection statutes prohibit deception, fraud, unfair practices and misrepresentation or concealment of material facts in the sale or advertisement of goods or services. These laws authorize the attorney general to take action against such fraud and ensure that consumers' rights are protected.
Who was the first attorney general to blog?
The Missouri Attorney General was the first Attorney General in the United States to blog. That blog is a consumer education blog published by members of the Consumer Protection division and is part of a larger consumer education effort that includes a consumer encyclopedia, online calculators, quizzes and worksheets .
Who has the authority to represent the state or any of its political subdivisions, public agencies, school districts or municipalities in?
Under the Missouri Antitrust Law, the attorney general has the authority to represent the state or any of its political subdivisions, public agencies, school districts or municipalities in actions to prohibit monopolies and trade restraints.
Who does the Attorney General give official opinions to?
The attorney general renders official opinions to the General Assembly, the governor, secretary of state, auditor, treasurer, the heads of the various state departments and the circuit or prosecuting attorneys on questions of law relating to their duties.
How many divisions does the Attorney General have?
In order to fulfill these and other responsibilities, the attorney general has organized his office into eight divisions: Litigation, Consumer Protection, Governmental Affairs, Environmental Protection, Criminal Appeals, Governmental and Financial Entities, Labor, and Public Safety.
What was the first constitution in Missouri?
Missouri’s first constitution (1820) provided for an appointed attorney general. Since the 1865 constitution, the attorney general has been elected. The attorney general is the attorney for the state.
How long is the term of the Attorney General of Missouri?
The Attorney General is elected by Missouri voters, serves a four-year term , and is not subject to constitutional term limits.
What does the Attorney General's Office do?
In addition, the Office handles all appeals statewide from felony convictions. The Attorney General’s Office brings and defends lawsuits on behalf of the State and prepares formal legal opinions requested by State officers, legislators, or county attorneys on issues of law.
What is the mission of the judicial branch?
Mission Statement. To protect and advance the interests of the state and its citizens through the judicial and legislative process and to serve as the People’s lawyer, fighting for openness and justice, especially for those who have no voice.
What is the Criminal Division?
Governmental Affairs. The Criminal Division includes: Public Safety. Criminal Appeals. Medicaid Fraud. The Office also includes an Office of Solicitor General, who represents the interests of the state in appellate and national matters.
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.
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.
How long do you have to be an attorney in good standing to practice law in the state?
Must be an attorney in good standing to practice law in the state and engaged in active practice for at least five years before election
How long do you have to be a lawyer before you can vote?
Must be a practicing lawyer for at least eight years before election
How long do you have to be a bar member in Georgia?
Must be an active-status member of the Georgia State Bar for seven years
Current Officeholder
- The current officeholder is Eric Schmitt. On November 13, 2018, Gov. Mike Parson (R) appointed Schmitt to succeed Josh Hawley.
Authority
- The Missouri Constitution addresses the office of attorney general in Article IV, the Executive Department. Under Article IV, Section 12:
Qualifications
- In order to serve as attorney general, an individual must be a U.S. citizen (number of years not specified) and have been a state resident for at least one year.
Elections
- Missouri elects attorneys general in the presidential elections, that is, in leap years. There are no term limitson the position.
Vacancies
- Article IV, Section 4of the Missouri Constitution gives the governor the power to fill vacancies in public offices.
Divisions
- As of January 11, 2021, the Office of the Attorney General of Missouri has two main divisions: Civil and Criminal.
Role in The Initiative Process
- According to the Missouri initiative and referendum guidelines, when ballot text is submitted to the state secretary of state, a copy of the text must be sent to the attorney general. Both the secretary of state and attorney general will review the text to make sure that it complies with the form of an initiative. A copy of the ballot text is also sent to the state auditor in order to prepare …
Compensation
- The attorney general's salary is set by law and cannot be increased or reduced during the term. Section 3, Article XIII of the Missouri Constitutioncreated a Citizens’ Commission on Compensation for Elected Officials, which sets the compensation of elected government officials. The 21-member commission meets every two years, and is not to be comprised of employees o…
Historical Officeholders
- Since 1820, Missouri has had 42 attorneys general. Of the 41, 30 have been Democrats, 11 Republicans and one Whig.
Overview
The Office of the Missouri Attorney General was created in 1806 when Missouri was part of the Louisiana Territory. Missouri's first Constitution in 1820 provided for an appointed attorney general, but since the 1865 Constitution, the Attorney General has been elected. As of January 2021, there have been 43 attorneys general in Missouri. Eric S. Schmitt was appointed to become the 43rd Attorne…
Attorney for the State
The Missouri Attorney General is the attorney for the state, representing the legal interests of Missouri and its state agencies.
As the state's chief legal officer, the attorney general must prosecute or defend all appeals to which the state is a party, including every felony criminal case appealed to the Supreme Court of Missouri and Missouri Court of Appeals. The attorney general also is required to institute, in the n…
Divisions of the Attorney General
The mission of the Agriculture and Environment Division is to "protect Missouri's natural resources and agricultural productivity."
Attorneys shall take legal action to stop pollution of the state's air, water and soil and penalize polluters through fines, penalties and, in the most serious cases, incarceration.
The attorney general has taken action in recent years to protect the state's interests in manage…
See also
• Attorney general
• List of attorneys general of Missouri
Notable attorneys general from Missouri
• Jay Nixon (1993–2009) – longest serving at 16 years, Governor of Missouri
• John Ashcroft (1977–1985) – Attorney General of the United States, United States Senator, Governor of Missouri
• John Danforth (1969–1977) – United States Ambassador to the United Nations, United States Senator
External links
• Missouri Attorney General articles at ABA Journal
• News and Commentary at FindLaw
• Missouri Revised Statutes at Law.Justia.com
• U.S. Supreme Court Opinions - "Cases with title containing: State of Missouri" at FindLaw
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