what is the function of the state attorney general's office

by Prof. Adrienne Gaylord MD 4 min read

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

What does a state Attorney General actually do?

Aug 21, 2018 · State Attorney General's Duties. The primary duties of state attorneys general include representing state governments in legal actions …

What is the job of a state Attorney General?

State Attorneys 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. Select your state to connect to your state attorney general's website.

What is the state Attorney General in charge of?

The attorney general is an executive office in all 50 states that serves as the chief legal advisor and chief law enforcement officer for the state government and is empowered to prosecute violations of state law, represent the state in legal disputes and issue legal advice to state agencies and the legislature. In most states, the attorney general has a substantial influence …

Who does a state attorney general answer to?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

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What is the function or role of the Attorney General?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021

Can the state Attorney General prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

What is the difference between a DA and a prosecutor?

A prosecutor and a defense attorney are both lawyers who have completed law school and passed the bar examination. However, a defense attorney defends the individual that a prosecutor is trying to convince the jury is guilty. In a criminal court, these attorneys are on opposite sides.

Which factors influence a prosecutor's decision to bring charges against a defendant?

The decision to prosecute is based on the following factors:
  • The sufficiency of the evidence linking the suspect to the offense.
  • The seriousness of the offense.
  • The size of the court's caseload.
  • The need to conserve prosecutorial resources for more serious cases.
  • The availability of alternatives to formal prosecution.

What is the job of a state attorney general?

Each state's attorney general is charged with the responsibility of enforcing the laws, as well as the ability to pass new legislation. The state attorney general also has the higher purpose of protecting the people of the state and their interests. Attorney general duties include providing consumer ...

How many times does the Attorney General meet with the Attorney General?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics.

How often do attorneys general meet?

The attorney general of each state also attends meetings where all the state attorneys convene, such as those of the National Association of Attorneys General, usually two to three times each year. They discuss issues relevant to all the attorneys general and listen to speakers talk about selected topics. AGs may also serve as officers of this and other legal organizations and on various committees established to accomplish specific goals.

Why do you need a bio for an attorney general?

Or if they are appointed to the job, they need an outstanding bio in order to be noticed for the appointment. The job of state attorney general isn't like jobs in private business, where employees receive performance reviews that may lead to a salary raise.

How long can an AG serve?

Many states set limits on how many years their AG can serve, with the norm being a maximum of eight years. Only Virginia does not set a limit on how long their AG can serve.

How many states have an AG?

Some states have minimum age requirements for their AGs, while others do not. In 43 states, the AG is elected by popular vote. In the other seven states, the AG is appointed by the state government.

Can an attorney general intervene in local court cases?

Most states give their attorney general offices rather broad authority but some are more restrictive. For example, in some states, AGs can intervene in local prosecutions, while in others, only local prosecutors can do so.

What is the job of the Attorney General?

The attorney general is an executive office in all 50 states and Washington, D.C., that serves as the chief legal advisor and chief law enforcement officer for the state government and is empowered to prosecute violations of state law, represent the state in legal disputes and issue legal advice to state agencies and the legislature.

How many states have an attorney general?

The attorney general is directly elected in 43 states and Washington, D.C. The attorney general is appointed by the state Legislature in Maine, by the state Supreme Court in Tennessee, and by the governor in the remaining five states. Compensation of state attorneys general (2017)

How many attorney generals did the Democratic Party control in 1977?

In 1977, the Democratic Party held a total of 27 elected attorney general offices to the Republican Party 's 16. The Democratic lead in attorney general offices would be maintained through the 1990s, as opposed to the other three top executive offices, which became majority-Republican following the 1994 midterm elections. In the 2010 midterm elections, the Republican Party gained a lead in elected attorney general offices, with 22 elected attorneys general to the Democrats' 21. The Democratic victory in the 2013 Virginia election for attorney general caused the party to briefly regain a 22-21 majority of elected attorney general offices. This lead was lost in the 2014 midterm elections. After that point, the Republican Party continued to grow its majority control of elected attorney general offices.

How much does an attorney general make?

According to compensation figures for 2017 compiled by the Council of State Governments in the Book of the States, the highest salary for an attorney general is $182,688 in Tennessee, while the lowest is $80,000 in Colorado. To view the compensation of a particular attorney general, hover your mouse over the state.

How many states have the power to appeal a criminal case?

Attorneys general: Power to represent state in criminal appeals. The attorney general has the power to represent the state in criminal appeals in 46 states, although this power is restricted in five of those states. Attorney general term limits. Attorney general term limits.

Which states have elected an attorney general in 2015?

Three states held elections for attorney general in 2015: Kentucky, Louisiana and Mississippi. In Kentucky, Andy Beshear (D) won election to the attorney general seat. Democrat Jim Hood was re-elected in Mississippi, while Republican Jeff Landry defeated incumbent Buddy Caldwell, also a Republican, in a runoff in Louisiana.

Who was the attorney general in 2013?

One state, Virginia, held a regularly scheduled attorney general election in 2013. State Senators Mark Herring (D) and Mark Obenshain (R) faced off in the general election on November 5, 2013, and the race was considered too close to call until the State Board of Elections certified the results of the race on November 25, 2013, naming Herring the victor by a margin of 165 votes. Since the margin was equal to or less than 0.5 percent of the total vote, Obenshain, as the losing candidate, was entitled to request a publicly financed recount, which he did on November 27. The recount began on December 26, and Obenshain conceded to Herring two days later, giving a Democrat control of the office for the first time in almost two decades.

What is the office of the Attorney General?

The Attorney General is the state's top lawyer and law enforcement official, protecting and serving the people and interests of California through a broad range of duties. The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, ...

How many lawyers does the Attorney General oversee?

Overseeing more than 4,500 lawyers, investigators, sworn peace officers, and other employees, the Attorney General:

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

Under the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner. In 1990, California voters imposed a two-term limit on these statewide offices.

What does the judicial officer do?

Serves as legal counsel to state officers and, with few exceptions, to state agencies, boards and commissions. Assists district attorneys, local law enforcement and federal and international criminal justice agencies in the administration of justice.

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 does the Attorney General do?

What the Attorney General's Office DOES do: Protects the public by upholding the Consumer Protection Act and enforcing laws against anti-competitive business practices. Proposes legislation to further protect families and children and provide clear, just and enforceable laws.

Is the Attorney General responsible for representing the city?

The Attorney General’s Office is not responsible for representing city, county, or other local units of government.

Is the Attorney General responsible for personal legal matters?

The Attorney General ’s Office is not authorized to provide advice to private citizens on personal legal matters. While the office may answer questions of a general nature, most private issues require a detailed analysis of the law, and such services are outside the scope of the office’s authority. The Attorney General’s Office is not responsible ...

Can an attorney general represent a private citizen?

This means that they cannot represent private citizens in court either to bring an action on behalf of an individual, or to defend an individual.

What is the job of a state attorney?

A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

How many lawyers are there in Cook County?

For example, the Cook County State's Attorney in Chicago has more than 900 lawyers and a total staff of 1,600 employees [source: Cook County State's Attorney's Office ]. Assistant State's Attorneys, also known as Deputy State's Attorneys,are the ones who actually appear in court, file the legal briefs and interview witnesses. The State's Attorney, on the other hand, is in charge of policy, staffing and running the office, and making decisions about certain high-profile cases.

What is an arraignment in court?

An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea. Depending on the type and severity of a crime, there can be several pretrial hearings. At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Advertisement.

Does a state attorney do the job alone?

But a State's Attorney hardly ever does the job alone . Many have offices that contain dozens or even hundreds of appointed assistant or deputy State's Attorneys, as well as support staff. These assistants or deputies are the ones who routinely appear in court, representing the State's Attorney's office.

What is the office of the Attorney General?

The Attorney General serves as legal counsel to the Governor, the General Assembly, the Judiciary, and to all State agencies, except the State Ethics Commission, ...

What is the job of the Chief Deputy Attorney General?

The Chief Deputy Attorney General oversees the General Assembly Counsel, and seven divisions: Civil Litigation; Contract Litigation; Educational Affairs; Health Decisions Policy; Opinions and Advice; and Public Finance. The Chief Deputy Attorney General also is responsible for Administration, Civil Rights, the Juvenile Justice Monitoring Unit, Legislative Affairs, Professional Development and Planning, the Tobacco Enforcement Unit, and assistant attorneys general assigned to certain State government agencies.

How long is the public access ombudsman term?

The Attorney General appoints the Public Access Ombudsman to a four-year term (Code General Provisions Article, secs. 4-1B-01 through 4-1B-04).

What is the Health Decisions Policy Division?

Within the Office of Attorney General, the Health Decisions Policy Division was created in 1998. To health care providers, and patients and their families, the Division provides information and advice about health care planning, including advance directives, appointment of health care proxies, and end-of-life care.

How does the Task Force combat heroin abuse?

To combat the spreading problem of heroin abuse and its distribution across state lines, the Task Force will direct resources of member states to stop the flow of heroin across jurisdictions and cut the supply chain through collaboration and sharing of information.

Who represents Maryland in court?

In all matters in which interests of the State of Maryland are involved, the Attorney General and assistant attorneys general represent the State. This includes litigation in the Court of Appeals, the Court of Special Appeals, the Circuit Courts, and the District Court of Maryland, as well as the Supreme Court of the United States, the United States Court of Appeals, and the United States District Court. Administrative rules and regulations promulgated by most State officers or agencies must be submitted to the Attorney General for review before they may become effective. The Office of the Attorney General also reviews legislation passed by the General Assembly; enforces the State's antitrust, consumer protection and securities laws; prosecutes Medicaid provider fraud; monitors residential juvenile facilities; and conducts criminal prosecutions and appeals.

When was the contract litigation division formed?

The Contract Litigation Division formed in 1983.

What is an attorney general's opinion?

An Attorney General’s opinion attempts to resolve questions of law as the author believes a court would decide the issue.

What is Victim Advocacy Division?

The Victim Advocacy Division provides information and support to victims of crime related to cases handled by divisions throughout the Attorney General’s Office.

What is the ICAC task force?

Cyber Safety for Children. South Carolina’s Internet Crimes Against Children (ICAC) Task Force works closely with law enforcement around the state, the National Center for Missing and Exploited Children (NCMEC), and several other state and federal agencies in an effort to keep our children safe online. Learn More.

When was Alan Wilson elected?

Alan Wilson was elected South Carolina's 51st Attorney General on November 2, 2010, re-elected to a second term on November 4, 2014 and re-elected to a third term on November 6, 2018. Since being elected, Wilson has focused on keeping South Carolina's families safe, defending their freedom and protecting their futures.

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