which state, governor appoints attorney general

by Prof. Lucinda Heaney 5 min read

How is the Attorney General elected in each state?

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.

Does the Governor have power over the Attorney General?

The vast majority of state attorneys general are elected separately from the governor, which means they’re free to make their own decisions about which cases to prosecute. Governors can try to influence them informally—and in most cases, their interests line up—but they have no formal power over the AGs.

What does the Office of the Attorney General do?

The Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the governor, heads of state agencies and other officials and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the state.

How are attorneys general of Texas appointed?

The attorneys general of the Republic of Texas and the first four attorneys general under the 1845 state constitution were appointed by the governor. The office was made elective in 1850 by constitutional amendment.

image

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.

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 many territories does Ballotpedia cover?

Although Ballotpedia covers the five U.S. territories#N#The five U.S. territories are American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands.#N#and their officeholders, territory officeholders are not included in the following figures.

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.

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 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.

What is the role of the Attorney General?

The attorney general is charged by the state constitution to represent the state in civil litigation and approve public bond issues. There are nearly 2,000 references to the Office of the Attorney General in state laws.

Who is the attorney general of Texas?

The Texas attorney general is the chief legal officer of the U.S. state of Texas. The current officeholder, Republican Ken Paxton, has served in the position since January 5, 2015.

How long is the term of the Texas Attorney General?

The attorney general is elected to a four-year term. In 2013, former Attorney General Greg Abbott announced he would not seek reelection and would run for governor. In November 2014, he was elected as the governor of Texas. Ken Paxton defeated former House Representative Dan Branch in the Republican primary by a 26% margin ...

What building houses the Attorney General's office?

The William P. Clements State Office Building houses the Attorney General offices. The Office of the Attorney General was first established by executive ordinance of the Republic of Texas government in 1836.

Does the Texas Constitution give the Attorney General powers?

The Texas Constitution gives the attorney general no general law-enforcement powers; instead it limits the attorney general's authority in criminal cases to that dictated by statute. The Texas Legislature has not given the attorney general broad law-enforcement authority, but permits the attorney general to act in criminal cases "at ...

How many states have governors and attorney generals from the same party?

In seven states, the governor and the attorney general are not from the same party. This occurs in four states with Republican governors and three states with Democratic governors. In 10 states, the governor and the secretary of state are not from the same party. This occurs in five states with Democratic governors and five states ...

When did Governor Bevin issue the executive order?

On June 16, 2017 , Governor Bevin issued an updated executive order, which amended several of the provisions in the original order. Attorney General Beshear filed a lawsuit in Franklin Circuit Court against the new order on June 20, 2017 , arguing that it still exceeded the governor's authority.

How many terms does the Colorado governor have?

Colorado's governor is also term-limited to two four year terms. Hickenlooper was first elected governor in 2010 and was reelected in 2014. Georgia. Governor Sonny Perdue (R) appoints special attorney general to sue federal government over Affordable Care Act when Attorney General Thurbert Baker (D) declines.

What is a triplex state?

A state government triplex is a term to describe when one political party holds the following three positions in a state's government: governor, attorney general, and secretary of state. In states where the attorney general or secretary of state are appointed by the governor, Ballotpedia considers the office to be held by ...

How many states have triplexes?

There are currently triplexes in 38 of the 50 states. As of January 2021, there were seven states where the governor and attorney general were of different parties and 10 states where the governor and secretary of state were of different parties. To see examples of conflicts between governors and attorneys general, click here.

How many states have the same party?

In 38 states, all three offices are controlled by the same party. In 12 other states, the same party controls two of the three positions, so a change in one of them would give full control to that party.

Can a governor and secretary of state have similar disputes?

Based on Ballotpedia's analysis, similar disputes are likely to arise between a governor and secretary of state who belong to opposing parties. Having all three executives of the same political party, then, can lessen these conflicts.

Who was the governor of Georgia who sued the governor?

Georgia Gov. Sonny Perdue, a Republican, sued his own Democratic attorney general, Thurbert Baker, that same year when Baker refused to drop a redistricting suit filed under the previous governor, a Democrat.

Which states have sued the federal government for health care reform?

In at least two states— Michigan and Washington —Democratic governors have challenged their own AGs on the issue.

Can the governor influence the attorney general?

Governors can try to influence them informally—and in most cases, their interests line up—but they have no formal power over the AGs.

Do AGs have freedom?

Those AGs are still considered independent but in practice have less freedom to stray from the governor’s agenda. They also have little reason to do so, since they’re usually from the same political party as the governor and owe their positions to him.

Who is the Texas Attorney General accused of misleading people?

Texas Attorney General Ken Paxton has been accused of misleading people investing in a technology company called

Which two bodies play a central role in the state budget process?

The comptroller and the Legislative Budget Board play central roles in the state's budget process (T/F)

Who can create a cabinet in Nevada?

Nevada's governor may create a Cabinet if he or she

image

Overview

History

The Office of the Attorney General was first established by executive ordinance of the Republic of Texas government in 1836. The attorneys general of the Republic of Texas and the first four attorneys general under the 1845 state constitution were appointed by the governor. The office was made elective in 1850 by constitutional amendment.

Duties and responsibilities

The attorney general is charged by the state constitution to represent the state in civil litigation and approve public bond issues. There are nearly 2,000 references to the Office of the Attorney General in state laws.
The Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the governor, heads of state agencies an…

Political prominence

Many leading political figures in Texas history have served as attorney general, several of them using the office as a jumping-off place to other offices in the state and national government. Attorneys general James S. Hogg, Charles A. Culberson, Dan Moody, James V. Allred, Price Daniel, Mark White, and Greg Abbott were elected governor. Culberson, Daniel, and John Cornyn were later elected to the United States Senate.

Notes

1. First elected attorney general (AG) of state of Texas; previously elected AG of the Republic of Texas
2. Resigned
3. Appointed

External links

• Texas Attorney General official website
• Texas Attorney General articles at ABA Journal
• News and Commentary at FindLaw
• U.S. Supreme Court Opinions – "Cases with title containing: State of Texas" at FindLaw