why do most attorney generals became governors

by Cathrine Bechtelar 8 min read

Why are state attorneys general getting more political?

One possible explanation for state attorneys general becoming more restless and political-minded is the office's rising media profile, which is a function of the rising capacity of the internet and mainstream press to produce and distribute content on controversial cases involving the AGs.

What is the role of the state Attorney General?

The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer.

What states have a governor who appoints the Attorney General?

In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term.

How are attorneys general chosen?

Others are appointed by either the governor, state legislature or state supreme court. Attorneys general are chosen in four different ways; they are either popularly elected or appointed by the governor, the state legislature, or the state supreme court.

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How long do US attorney generals serve?

four-yearUnder 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.

What is the most important duty of state Attorney General?

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.

Why are attorney generals called general?

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.

How many attorney generals are there in the US?

Of the 50 Attorneys General, 25 do not have a formal provision specifying the number of terms allowed.

What is the difference between chief justice and Attorney General?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.

What does an Attorney General do?

The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers' departments.

Is Attorney General part of Parliament?

The Attorney General of India can be a member of any committee of the Parliament. The Attorney General of India possesses no voting rights when he takes part in proceedings of the Parliament. The Attorney General of India is not considered as a government servant, rather is a part of the Union Executive.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How do you become the attorney general 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.

Who determines the salary of Attorney General?

the PresidentThe remuneration of the Attorney General of India is not fixed by the Constitution. He receives such remuneration as the President may determine.

Who is the highest law officer of a state?

Advocate General of the StateAdvocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.

How much does the attorney general of the United States make?

Salary Ranges for Attorney Generals The middle 57% of Attorney Generals makes between $101,019 and $254,138, with the top 86% making $560,998.

What was the purpose of the Attorney General's Office?

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 United States solicitor general and the White House counsel .

How much does an attorney general make in 2021?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 2021.

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.

What district is Connecticut in?

Member of the U.S. House of Representatives from Connecticut 's at-large district and 1st district

When does the Attorney General have to resign?

Presidential transition[edit] 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.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

When was the Department of Justice established?

The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.

How many terms can an attorney general serve in Puerto Rico?

Many states have passed term limits limiting the selection to 2 consecutive terms (9 states); 2 terms maximum (4 states), but 33 states still have no term limits.

How long does an attorney general serve?

Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court ...

What is the role of the Attorney General?

The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice .

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 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.

How many states have veto powers?

All 50 state governors have the power to veto whole legislative measures. In a large majority of states a bill will become law unless it is vetoed by the governor within a specified number of days, which vary among states. In a smaller number of states, bills will die (pocket veto) unless they are formally signed by the governor, also within a specified number of days. Other types of vetoes available to the governors of some states include “line-item” (by which a governor can strike a general item from a piece of legislation), “reduction” (by which a governor can delete a budget item), and “amendatory” (by which a governor can revise legislation). Legislatures may override vetoes, usually by a supermajority vote.

How are governors ranked?

Although governors have many roles and responsibilities in common, the scope of gubernatorial power varies from state to state in accordance with state constitutions, legislation, and tradition, and governors often are ranked by political historians and other observers of state politics according to the number and extent of their powers. Ranking factors may include the following.

How long is a gubernatorial term?

Gubernatorial terms are four years in every state, commonwealth, and territory but New Hampshire and Vermont, which have two year terms. All governors with the exception of Virginia’s may succeed themselves, although they may be limited to a specific number of consecutive or total terms.

Why do governors interact with their legislatures?

Governors interact with their legislatures to help ensure that their priorities, goals, and accomplishments are accurately presented and positively received during oversight hearings and other legislative activities that address and evaluate executive branch implementation of legislatively mandated programs and services.

What is the role of a governor in the budget process?

Governors develop and submit annual or biennial budgets for review and approval by the legislature . In a number of states, commonwealths, and territories, governors also have “reduction”—most often referred to as “line-item”—veto power that can be used for the removal of appropriations to which they object. These tools allow governors and their budget staff to play a strong role in establishing priorities for the use of state resources. For state by state information on gubernatorial budget making and line-item veto power, see “ The Governors: Powers ” (Table 4.4, The Book of the States 2019, source: The Council of State Governments).

What does a governor do in a legislative session?

Second, and more familiarly, governors coordinate and work with state legislatures in: approval of state budgets and appropriations; enactment of state legislation;

What are the powers of governors?

Emergency Powers. As chief executive, governors are responsible for ensuring their state is adequately prepared for emergencies and disasters of all types and sizes. Most emergencies and disasters are handled at the local level, and few require a presidential disaster declaration or attract worldwide media attention.

Why are state attorneys general restless?

One possible explanation for state attorneys general becoming more restless and political-minded is the office's rising media profile, which is a function of the rising capacity of the internet and mainstream press to produce and distribute content on controversial cases involving the AGs . Another, possible more likely, explanation is the office's status as a springboard to higher office - to the governorship, especially. Nine sitting governors as of November 2013 previously served as attorney general of their respective states:

How many states have no law degree requirements?

Considering the myriad legal responsibilities carried by state attorneys general, it may surprise you to discover that a whopping 19 states have no set statutory or constitutional provisions requiring an individual to hold a law degree, or have a valid license to practice law, in order to serve in the office of attorney general.

How long can an attorney general serve in Tennessee?

1, Tennessee, is appointed by the State Supreme Court to serve a term of eight years. 1, Virginia, has a provision specifying an individual can serve as attorney general for an unlimited number of terms.

How many states require an attorney general to be a citizen?

U.S. citizen. 38 states have a formal provision stating an attorney general must be a United States citizen, while 12 do not have a formal provision. Of the 38 states, 5 specify the number of years and 33 do not.

How many states have a state resident requirement for an attorney general?

1, Oklahoma, sets the limit at 31. 1, Colorado, sets the limit at 27. 1, Mississippi, sets the limit at 26. State Citizen. 43 states have a formal provision stating an attorney general must be a state resident, while 7 do not have a formal provision. Of the 43 states, 24 specify the number of years and 19 do not.

How does an attorney general influence a state?

Attorneys general exert substantial influence on a state's approach to law enforcement. Attorneys general often set particular law enforcement priorities (e.g. drug law, civil rights violations or sexual crime) and focus extra resources on these issues. This puts them, in the words of the National Association of Attorneys General, at the "intersection of law and public policy." Forty-three states publicly elect their attorneys general, reinforcing the office's relationship with, and direct accountability to, the people, in contrast with the Kings Attorneys of the past, whose singular service to their version of governors must have left those being governed wanting.

How many states have an attorney general?

The attorney general is appointed by the governor in five states: Alaska, Hawaii, New Hampshire, New Jersey and Wyoming. In Maine, the attorney general is chosen by the state legislature, while in Tennessee the choice falls to the state supreme court .

How is the Attorney General appointed?

Five states — Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming — have AGs appointed by the governor. Maine and Tennessee use different methods altogether — in Maine, the Attorney General is selected by secret ballot of the legislature and in Tennessee, the state AG is appointed by the state Supreme Court.

Why did the O.C.C. change its name?

The official reason given by Mayor Williams was that re-naming the position would assist D.C. in its quest to become a state; a discussion of that complex and bizarre topic is (thankfully) beyond the scope of this blog.

Which states have AGs?

Five states — Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming — have AGs appointed by the governor. Maine and Tennessee use different methods altogether — in Maine, the Attorney General is selected by secret ballot of the legislature and in Tennessee, the state AG is appointed by the state Supreme Court.

When did the Office of Corporation Counsel change to Office of the Attorney General?

The change came about in 2004 when then-Mayor Anthony Williams signed an order renaming the “Office of the Corporation Counsel for the District of Columbia” to “the Office of the Attorney General for the District of Columbia.”. The powers and duties of the O.C.C./OAG are similar to those of the Attorneys General of the several states, ...

Who is charged with enforcing false claims?

In each state or jurisdiction with a false claims act, the Office of the Attorney General is charged with supervising the enforcement of the statute. To my knowledge, no other state is currently hashing out this old argument about elected vs. appointed AGs, so I thought it would prove of interest to readers.

Should we elect an attorney general?

One of the things to be said in favor of electing an Attorney General is that you don’t have an individual in that job who does nothing more than carry water for the Mayor (or for the Governor). On the other hand, some people worry about the ability of an elected Attorney General to properly prosecute cases of fraud on the government because such cases are sometimes (but not always) against the sorts of companies who contribute to state wide campaigns.

Is the University of the District of Columbia holding forums?

Things have gotten so bad that the University of the District of Columbia’s Law School is holding forums to try to recruit candidates, according to the Loose Lips column in the Washington City Paper.

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Overview

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"