U.S. State attorneys general
U.S. State attorneys general serve as key legal advisors and representatives for state agencies and the public, addressing a wide range of issues including drug abuse, environmental protection, and business regulation. Their origins trace back to the English monarchy, where a designated attorney represented the king's legal interests. Following the American Revolutionary War, the office evolved to meet the legal needs of the new states, with constitutional provisions establishing the role of attorney general in many jurisdictions.
In terms of selection, the majority of attorneys general are elected by the public, while others are appointed by governors or state legislatures. The responsibilities of attorneys general have expanded significantly over time, encompassing areas such as consumer protection, antitrust enforcement, and criminal law. They often serve as the state’s chief legal officer, controlling litigation, providing legal opinions, and acting as public advocates. Additionally, they play a vital role in shaping public policy through their opinions, which clarify laws for other branches of government. As their role continues to evolve, attorneys general are increasingly involved in issues such as utility regulation and advocacy for crime victims, reflecting the diverse legal needs of the states they represent.
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U.S. State attorneys general
Definition: Chief legal officers of the states, who serve as counselors for state government agencies, legislatures, and the citizenry
Significance: Attorneys general provide legal advice and legal representation for state agencies and the public on diverse matters such as drug abuse, the environment, business regulation, and criminal appeals.
The development of state attorneys general in the United States can be traced to England. The king of England had specially designated lawyers to represent his legal interests. The attorney general of England served as legal adviser to the king and all government departments and was responsible for all litigation. During the American colonial era, the attorney general provided legal advice to the king and governance over the colonies. After the Revolutionary War, American officials adapted the English version of the office of attorney general to govern their own legal interests. Constitutional provisions were enacted to create the office of the attorney general to have jurisdiction of legal affairs of the federal government. As the new nation grew, the states also adopted the office of attorney general, and many had constitutional provisions for the office.
Attorneys general are popularly elected in forty-three states, appointed by the governors in five states and six jurisdictions, appointed by the state supreme court in Tennessee, and selected by the state legislature in Maine. New legislation and conceptions of the office have significantly expanded the powers and duties of the state attorneys general. There is much diversity in the role of the attorney general from state to state.
In response to needs identified by governors and legislatures, attorneys general have become active in areas of consumer protection, antitrust law, toxic waste, child-support enforcement, organized crime, and many other areas. The most common duties of the attorney general involve controlling litigation concerning the state, serving as chief legal officer, writing opinions that clarify law, acting as public advocate, enforcing criminal law, and investigating issues of public interest.
Public advocacy is a growing field for attorneys general in nearly all states. In addition to providing legal service in such areas as consumer protection and child-support enforcement, relatively new areas of concern for states’ chief legal officers include utility regulation and advocacy regarding the provision of services to crime victims. These new areas of interest put attorneys general in the position of being the initiator of legal action, or plaintiff, which is a role reversal that provides a new opportunity to implement and interpret public policy. One of the most important functions of the state attorney general is writing opinions. Opinions clarify law for the executive branch and legislative branch. Attorneys general use their opinions to identify legislative oversight that is in need of correction and to resolve issues that are not likely to be solved through litigation.
Bibliography
National Association of Attorneys General, Committee on the Office of Attorney General. Powers, Duties, and Operations of State Attorneys General. Raleigh, N.C.: Author, 1977.
Ross, Lynne M., ed. State Attorneys General: Powers and Responsibilities. Washington, D.C.: Bureau of National Affairs, 1990.