what is the role of a state’s attorney general?

by Prof. Monty Kohler PhD 6 min read

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.

What does a state Attorney General actually do?

The role of a state attorney general is to counsel state government agencies and legislatures, and represent the public interest in their state.

What is the job of a state Attorney General?

Jan 24, 2015 · A state’s attorney general is responsible for enforcing the law in the state where he or she was elected. The attorney general is the chief legal representative for the state and …

What is the state Attorney General in charge of?

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 …

Who does a state attorney general answer to?

In the aftermath of their historic $27 Billion settlement against major banks and the litigation against the tobacco industry, attorneys general continue to make their mark in consumer …

image

What is the responsibility of the Attorney General?

These efforts include narcotics investigations as well as many other criminal investigations that cross enforcement areas. Managing the data associated with these investigations is also the responsibility of the attorney general’s office.

What is the job of an attorney general?

The attorney general is the chief legal representative for the state and serves as general counsel for most of the state’s government agencies. Each state’s attorney general manages all legal representation of the state in civil and criminal matters on a state and federal level. Most attorneys general manage specific assistance programs ...

Who manages child support?

The state’s attorney general manages the child support process in some states. The office may run programs specifically to increase public safety or reduce unfair or fraudulent activities. In some states, this office is the guardian of the state’s natural resources through law enforcement.

Who is the head of the state's legal office?

R. Kimball. The State's Attorney General is the head of the state's legal office and is responsible for enforcing the law. A state’s attorney general is responsible for enforcing the law in the state where he or she was elected.

Is the Attorney General responsible for the state penal system?

These cases might be criminal or civil, depending upon the issue in the suit. In certain states, the state’s attorney general is responsible for representing the state penal system in an appeal to a federal court. The attorney general himself or herself cannot be present in court for each of these incidences, but a member ...

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.

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.

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 ...

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 does it take to get a law degree?

Then, prospective lawyers take the Law School Admissions Test (LSAT) and apply to law schools. Finishing law school generally takes three years. Some states have minimum age requirements for their AGs, while others do not.

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.

Do all state AGs have a law degree?

State AGs are usually lawyers who typically have trial experience, either as prosecutors or in private practice. By law, though, 19 states do not have provisions mandating that their AG must have a law degree. Nevertheless, all of the AGs in those states do have law degrees and experience as a lawyer.

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 did Barr say about Mueller?

In a startling comment, Barr made late last year at the Attorney General’s Award for Distinguished Service in Policing, Barr stated that communities that fail to show the respect and support that law enforcement deserves, finally stating that these communities “might find themselves without the police protection they need.”

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 ...

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.

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:

James E. Tierney

James E. Tierney is the former Attorney General of Maine and a Lecturer at Harvard Law School where he teaches courses on the role of state attorneys general while directing the Harvard Attorney General clinic. https://hls.harvard.edu/faculty/directory/10888/Tierney

Introduction

The roots of the Office of State Attorney General run deep in American jurisprudence. All 13 American colonies had an Attorney General and today all 50 States and the District of Columbia have opted to provide legal services through an Office of State Attorney General.

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 ...

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

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.

What is the process of discovery?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial. This can include physical or written depositions of witnesses to find out what they know, written questions called interrogatories which the other side must complete, and review of documents and evidence in the case [source: American Bar Association ].

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.

What happens before a trial?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.

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.

image