who does the attorney general division of law litigte for

by Destini Nikolaus MD 3 min read

Jeff Landry Elizabeth Murrill Attorney General Solicitor General LITIGATION DIVISION Provides legal representation to the state, its officers, agents, employees, boards, and commissions in all tort claims seeking damages.

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What does the Attorney General's Office do?

Criminal Law Division . The Criminal Law Division is responsible for investigating drug trafficking, child predators, organized crime, public corruption, insurance fraud and other criminal violations. The Commonwealth Attorneys’ Act and thirty additional statutes provide extensive powers of prosecution to the Attorney General.

What is the head of the criminal law division called?

The mission of the Division of Civil Law is to provide skilled legal services to state agencies and officials in trial and appellate litigation, which includes prosecuting and defending matters in Division of Civil Law | State of California - Department of Justice - Office of the Attorney General

What does a division attorney do in federal court?

Attorneys will provide counsel and representation to the New Jersey Department of Education (DOE) and the Office of the Secretary of Higher Education (OSHE). Attorneys will litigate a wide range of matters involving education law, including charter schools, special education, and the constitutionality of the state’s public education funding.

What is the jurisdiction of the Attorney General for criminal cases?

When does the Attorney General assume a criminal case? •La. Const. art. 5, §26 gives the District Attorney original jurisdiction over every criminal prosecution by the state in his district. •La. Code Crim. P. art. 680 provides grounds for recusal of the District Attorney. •When a District Attorney recuses himself, the case

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What does the attorney general do?

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

Who does the NYS Attorney General report to?

the Governor of New YorkThe Attorney General acts independently of the Governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

Does the US Attorney General prosecute?

The United States Attorney is responsible for a wide variety of prosecutions consistent with the priorities set by the Attorney General of the United States and exercises wide discretion in the use of her resources to meet the needs of the communities in the Western District of Texas.

What does the NJ Attorney General do?

The attorney general serves as head of the New Jersey Department of Law and Public Safety, which is organized into 10 divisions charged with overseeing the state's criminal justice system, consumer protection, regulating certain statewide industries, among other responsibilities.

How do I file a complaint with the Attorney General Office?

If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. Filing a false complaint is punishable as a Class A Misdemeanor. We need complaints in writing.

How do I file a complaint with the NYS Attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

Who appoints the US attorney general?

the president of the United StatesThe attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

What power does the US attorney general have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Are district attorneys elected?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

What is New Jersey known for?

New Jersey is known for many things including its beautiful beaches, busy roads, great food, intense politics, and diverse culture. People born and raised in this prolific state have a lot to be proud of - unique people, gorgeous scenery and exciting sports are just a few of our common attributes.Nov 27, 2014

Who is the DA of NJ?

Philip R. SellingerOn December 16, 2021, Philip R. Sellinger was sworn in as U.S. Attorney....United States Attorney for the District of New Jersey.Department overviewFormedSeptember 24, 1789 by the Judiciary Act of 1789JurisdictionDistrict of New JerseyHeadquartersNewark, New Jersey, U.S.Department executivePhilip R. Sellinger2 more rows

Who is the state attorney in New Jersey?

On January 16, 2018, Gurbir S. Grewal was sworn in as New Jersey's 61st Attorney General.

What is aviation and admiralty litigation?

The Aviation and Admiralty Litigation Section handle s matters surrounding aviation and maritime accidents. The Aviation caseload is largely comprised of defending the United States in wrongful death, serious personal injury, and extensive property damage actions arising from aircraft accidents. Federal activities giving rise to these lawsuits include air traffic control, military aviation operations, weather dissemination, charting of obstacles, operation of navigational aids, and certification of aircraft, airports, and air personnel. The Admiralty caseload involves the Federal Government’s role as ship-owner, regulator, and protector of the nation’s waterways. Cases relate to collisions involving government vessels, disputes over navigational markings, and challenges to the boarding of vessels on the high seas during national security activities. Admiralty litigation may involve suits under statutes such as the Suits in Admiralty Act, the Public Vessels Act, and the Contract Disputes Act. Affirmative admiralty actions seek compensation for the loss of government cargo and certain cases involving the costs associated with maritime pollution cleanups.

What is tort litigation?

Tort litigation against the Federal Government is under the general supervision of the Civil Division's Torts Branch. The Torts Branch has four different litigation offices or staffs, each of which specializes in a different area. A helpful source for contact information for the various persons and offices within the Torts Branch can be found in the routinely updated internal compendium “ Expertise in the Civil Division .”

When is personal representation necessary?

Generally. Personal representation of government employees is necessary only when they are sued, subpoenaed or charged in an individual capacity. When a government employee is sued in an official capacity, the real defendant is the United States, and should relief be awarded, it would be against the resources of the United States. Kentucky v. Graham, 473 US 159 (1985). As a matter of course, Department attorneys represent federal officials sued in their official capacities for declaratory, injunctive or other forms of relief, and 28 C.F.R. § 50.15 is not implicated.

Who is authorized to make a certification?

United States Attorneys , or their designated civil chiefs or first assistants, are authorized to make the certification provided for in 10 U.S.C. § 1089 (c), 22 U.S.C. § 817 (c), 28 U.S.C. § 2679 (d), 38 U.S.C. § 4116 (c), and 42 U.S.C. §§ 233 (c) and 2458a (c), in order to substitute the United States as defendant in place of federal employees acting within the scope of their federal employment who have been sued under state tort law. See 28 C.F.R. § 15.4. In community health center cases, certification and removal should be done exclusive under 42 U.S.C. § 233.

What is the Federal Tort Claims Act?

The Federal Tort Claims Act Staff handles all other tort claims, including traditional actions against the government for personal injury and property damage. Cases brought under the Federal Tort Claims Act may be the responsibility of any one of the four staffs, depending upon the subject matter.

Is Medicare a secondary payer?

Section 1395y (b) (1) of Title 42 provides that Medicare shall be a secondary payor in certain circumstances, including automobile accident cases or other instances where a third party would otherwise be liable for medical costs. This provision also expressly authorizes the United States to bring an independent action to recover from an insurer the cost of Medicare payments needed as a result of an automobile accident, or to join or intervene in any such action.

What is CSTL in federal law?

Constitutional and Specialized Torts Litigation (CSTL) consists of three sections. The Constitutional Torts staff represents current and former federal employees in their individual capacities against claims challenging conduct undertaken within the scope of their employment and seeking to recover money damages from their personal assets. Most commonly, these are personal liability, constitutional tort claims, which under some circumstances may be implied by the district courts. See Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). In addition, the Constitutional Torts Staff is the primary point of contact for questions regarding the Attorney General’s Representation Guidelines (published at 28 C.F.R. §§ 50.15 and 50.16) and for authorizing individual representation in the personal liability cases handled by the U.S. Attorney Offices.

What is the role of the Attorney General?

The Attorney General is responsible for litigation matters for all State Agencies, which number approximately 150 agencies, boards and commissions. Many of the larger agencies have their own legal departments with attorneys appointed by the Attorney General.

What is division attorney?

Division attorneys litigate cases in state and federal courts at both the trial and appellate levels. Among its goals, the section seeks to preserve the State’s ability to conduct its business in a fair and constitutional manner, free from interference by federal agencies and private litigants.

What is the role of the Solicitor General?

The Solicitor General supervises the drafting and submission of all briefs the State files in the U.S. Supreme Court, the Alabama Supreme Court, and the U.S. Court of Appeals for the Eleventh Circuit. The Solicitor General is responsible for ensuring that the State takes consistent positions in these courts and produces well-written briefs that set out a reasoned view of the law. In some cases, the Solicitor General and his staff are directly responsible for drafting briefs. In others, the Solicitor General supervises the work of other attorneys who have taken primary responsibility for drafting the briefs. The Solicitor General also presents oral argument in these courts. In some matters of great importance, the Solicitor General represents the State at the trial level. In addition to supervising appellate cases in which the State is a party, the Solicitor General also supervises the State’s submission of amicus briefs supporting other parties, such as other states, in cases where Alabama is not a party.

What is the administrative services division?

The Administrative Services Division plans, coordinates, and directs a broad range of services that allow the Office to operate efficiently. The division is responsible for: budgeting, accounting, payroll, contracts, purchasing, property inventory, training, human resources, records management, space management, law library and mail and courier services, as well as assisting with legislation that affects Office operations and supporting security needs.

What is capital litigation?

The Capital Litigation Section represents the State in all appeals in state and federal courts in which a criminal defendant has received a death sentence, including the direct appeal, state post-conviction proceedings, federal habeas corpus proceedings, and execution proceedings.

What are the roles of section lawyers?

The section lawyers fully understand the critical roles of law enforcement officers, district attorneys, and trial judges in enforcing the criminal laws; accordingly, the attorneys in the section consult closely with trial judges, district attorneys, and law enforcement officers to help ensure that trials, prosecutions, and investigations are conducted in accordance with the latest developments in criminal law. Each issue in an appeal is carefully researched, precise arguments are prepared, and a brief, on behalf of the State and the victim, is submitted for the appellate court’s review in each case to ensure that just and valid convictions are not compromised. If a conviction is reversed, the section lawyers pursue all reasonable grounds to have that decision overturned by a higher court so that victims will not be subjected to another trial.

What is the Executive Division?

Executive. The Executive Division keeps the Attorney General informed of all legal matters in the office to ensure that he is fully informed when making any decision. Sections: Legislative Affairs Section The Legislative Affairs Section drafts and coordinates the Attorney General’s legislative agenda.

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