what is the role of attorney general in the courts

by Horace Blick 7 min read

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

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 are the duties of the US Attorney General?

United States Supreme Court decisions directly affect attorney general offices’ ability to enforce state laws and defend government officials’ conduct. Attorney general offices therefore play an active role before the Supreme Court. Collectively, they are the second most active litigant before the Court, behind only the U.S. government.

What are the powers of the US Attorney General?

Feb 28, 2021 · In the case of the Supreme Court, the Attorney General or the Solicitor General, and in the case of High Courts, the Advocate General, may bring in a motion for initiating a case of criminal contempt. However, if the motion is brought by any other person, the consent of the Attorney General or the Advocate General in writing is required.

Does Attorney General have to be an attorney?

Apr 11, 2021 · The primary responsibility of this role is to protect the rule of law and the integrity of the Courts. In practice, the Attorney- General delegates many administrative functions of their role to others. The Attorney-General is a Member of Parliament, appointed by the Governor-General under the Constitution, on the advice of the Prime Minister.

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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 are the duties 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. Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads ...

What is the Office of the Associate Attorney General?

Office of the Associate Attorney General. The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977. As the third-ranking official at the Department of Justice, the ASG is a principal member of the Attorney General’s senior management team. The major functions of the ASG are to:

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 Department of Justice established?

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 ...

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.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

Who was the Lord Advocate?

After the Acts of Union 1707, the Lord Advocate became the chief legal advisor to the British government in respect of Scotland.

Is the Attorney General the same as the Minister of Justice?

The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

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 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.

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 are the duties of an attorney general?

Attorney general offices handle a wide array of issues before the Supreme Court, including: 1 Criminal procedure (Fourth Amendment, Miranda, ineffective assistance of counsel, etc.) 2 Habeas corpus 3 Capital punishment 4 Constitutional challenges to state laws and actions (Free Speech Clause, Establishment Clause; Cruel and Unusual Punishments Clause; Takings Clause; Commerce Clause; etc.) 5 Constitutional challenges by states to federal laws and regulations 6 Interpretation of federal statutes 7 Preemption of state laws

What are constitutional challenges?

Constitutional challenges to state laws and actions (Free Speech Clause, Establishment Clause; Cruel and Unusual Punishments Clause; Takings Clause; Commerce Clause; etc.) Constitutional challenges by states to federal laws and regulations. Interpretation of federal statutes. Preemption of state laws.

What is the role of the Attorney General?

It is the Attorney-General’s role to make sure there is public confidence in the rule of law and that those in power , whether they are the Parliament, Executive, Judiciary, Media or Community leaders, adhere to the rule of law. In protecting the rule of law, the Attorney-General must ensure the law is allowed to take its course.

How do we uphold the rule of law?

We uphold the rule of law through our daily work to ensure: · laws are clear , predictable and accessible. · laws are publicly made and the community is able to participate in the law-making process. · laws are publicly adjudicated in courts that are independent from the executive arm of government.

Is the Attorney General a political figure?

The role of the Attorney General is not political or personal, he occupies a role which transcends these interests. LJ King wrote in the Western Australian Law Review in October 2000; “…a special responsibility for the rule of law and the integrity of the legal system which transcends, and may at times be in conflict with political exigencies, ...

What is parallel justice?

For criminal matters, the Attorney-General must ensure they are appropriately dealt with first by a police investigation and then by the judicial system. Parallel systems of justice and trial by media are contrary to the rule of law and erode public confidence in the integrity of the legal system to provide justice.

What is the DPP?

The Director of Public Prosecutions (DPP) is also a delegation under Director of Public Prosecutions Act 1983 to initiate and conduct public prosecutions. At its most basic level, the rule of law is a simple concept. It requires that we have laws that are known, adhered to and enforced.

Is the Rule of Law in Australia soundly based?

The Rule of Law Institute of Australia respectfully considers the reasons of the General Editor in the May 2021 issue of the Australian Law Journal are not soundly based and is of the view that it would be contrary to the Rule of Law to hold an inquiry into whether Mr. Porter is a fit and proper person to hold the office of Attorney-General.

What is the role of the judicial branch?

The role of the judicial branch is to interpret the law, while the ability to enact and enforce those laws is left to the legislative and executive branches. President Reagan understood that freedom is not preserved by one branch alone.

Which branch of government is the least dangerous?

In the Federalist Papers, Alexander Hamilton referred to the judiciary as the least dangerous branch of government, stating that judges under the Constitution would possess “neither force nor will, but merely judgment.”. Yet recently, the courts have wielded great power, directing the President on questions as monumental as how to conduct war, ...

Who is Robert Alt?

Robert Alt is the Deputy Director of and Senior Legal Fellow in ...

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:

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How Does One Become Attorney General?

  • The position of Attorney General is an appointed one, nominated by the president and confirmed by the United States Senate. 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 …
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What Are The Most Important Powers of The Attorney General?

  • The Attorney General will provide advice and guidance to the president and other high ranking officials regarding the law and how it should be implemented. This provides the Attorney General with a great deal of power, as they would have the ability to shape how laxly or punitively the law is to be applied. As the Justice Department has such wide-reaching tentacles of power in matter…
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Who Is The Current Attorney General?

  • William Barr is the current Attorney General of the United States. He replaced Jeff Sessions in 2019 after President Trump fired Sessions. 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 a…
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What Agencies Are Under 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: 1. Antitrust 2. Civil 3. Civil Rights 4. Criminal 5. Environmental and Natural Resources 6. Tax Each division is headed up by an Assistant Attorney General, and man…
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History of The Attorney General

  • The Office of the Attorney General was createdin 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. The work quickly grew, requiring the addition of multiple assistants and private attorne…
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List of Attorneys General

  1. William Barr, 2019 – Present
  2. Jeff Sessions, 2017 – 2018
  3. Loretta Lynch, 2015 – 2017
  4. Eric Holder, Jr., 2009 – 2015
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The Rantt Rundown

  • The Department of Justice, created in 1789, has grown from a part-time, one-person office to become the world’s largest law office, encompassing sixty different agencies and offices. The Attorney General is in charge of the Department and is responsible for all aspects of the Justice Department. The head of this vast bureaucracy has enough impact to shape the way laws are tr…
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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 on behalf of the United States. Th…
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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; 25 components and 93 U.S. Attorneys report directly to the Deputy and 13 additional component…
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Office of The Associate Attorney General

  • The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977. As the third-ranking official at the Department of Justice, the ASG is a principal member of the Attorney General’s senior management team. The major functions of the ASG are to: 1. Advise and assist the Attorney General and Deputy Attorney General on the formul…
See more on justice.gov

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 Cashis 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 Englandin 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 Ministerfor a period of 5 years and must have the same qualifications re…

External links

• Quotations related to Attorney general at Wikiquote

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"