Attorney Generals Role and Current Status in the US
State attorneys general serve as the chief legal officers for their states, protecting both their Constitution and laws while upholding any issues of national significance such as consumer protection or unsavory business practices.
Legal advisors provide formal or informal legal advice and opinions, including formal written opinions, to authorized state public officials and agencies, while prosecuting criminal cases as required.
Legal Advice
Attorney generals serve not only as criminal prosecutors but also serve as legal advisers to their state’s government, offering guidance and advice to the Governor, other executive branch officers, departments, boards and agencies within their state government as well as international conventions or treaties that involve other states or countries. They draft all contracts/agreements related to government business including international conventions/treaties/agreements with other nations/states etc.
The Attorney General is charged with representing state agencies when they are sued and initiating civil enforcement actions against private parties who violate state laws. Statutes often stipulate that certain crimes cannot be prosecuted without first receiving approval from either the Attorney General or Director of Public Prosecutions.
Because the office provides legal advice to many state agencies, its lawyers write letters and memos daily analyzing legal issues. Of these communications, only those written by senior members of the Office and approved by the Attorney General are considered an Opinion of the Attorney General.
The legal work conducted by this office is guided by a set of policies established by the Attorney General, which reflect cultural trends and social changes over time in both our nation and state. Initiatives focused on protecting the environment (with powers under common law to prevent pollution) fighting consumer fraud, and advocating on public interest matters including utility rates/services/healthcare are examples.
In the United States, the attorney general serves as a member of Cabinet and heads the Department of Justice. With an office that sits atop both federal law enforcement and judiciary systems, this individual holds the highest ranking position among all law enforcement and judicial officials as well as being its top lawyer for representation by government. Their deputy and assistant attorneys general also possess high rank with crucial responsibilities assigned.
State AGs play an equivalent role at the state level, yet are elected through popular election. Commonly referred to as people’s lawyers and advocating on behalf of citizens within their state, these AGs advocate on their citizens’ behalf by participating in rulemaking processes at state administrative agencies or appearing before legislative hearings, proposing legislation or conducting investigations.
Prosecution
At their best, prosecutors can be one of the most beneficial forces in our society; at their worst, however, they can be destructive. A prosecutor cannot remain blind; instead they must be aware of prejudices and irrationality present within human nature; with this awareness in mind, our system of government forbids him from acting without first consulting the court to ensure they won’t violate constitutional provisions when seeking justice on behalf of their state’s residents.
The attorney general must oversee county and city district attorneys (the highest level of prosecution on both levels), to ensure that prosecutions comply with law. He also has the power to review any reports alleging unethical or illegal behavior by them; although, this rarely occurs.
As part of his duties as attorney general, in addition to prosecutorial responsibilities the attorney general must also appear in court to represent both the state and its citizens during legal proceedings – including appeals of criminal cases in superior courts and habeas corpus proceedings in federal court. He may also be called upon for civil matters as well as providing advice or counsel on legal issues.
Fergus Attorney General Office was initially founded upon traditional common law powers; since then it has evolved to offer many specialized functions, such as handling environmental and consumer fraud as well as representing public interest in utility rate and service matters, among others.
State attorneys must be ready and willing to shoulder the responsibility of assisting other county attorneys in prosecuting complex or serious cases. Often this task falls to them in districts without the resources to prosecute major cases themselves, thus remaining an essential function of their office despite numerous laws conferring prosecutorial powers upon the attorney general.
This office has also been granted the statutory authority to convene a statewide grand jury with powers that transcend jurisdictional lines for investigation of certain drug and street-gang related offenses, and in certain counties even granted authority to prosecute some cases on his own.
Legislation
State attorneys general, also known as chief legal officers of their jurisdictions, serve as chief legal officers to their states by offering legislative advice, defending the constitutionality of state laws before courts and working to educate citizens about law and their rights. State attorneys general can take various actions such as proposing legislation to their legislatures, testifying before committees of state governments or writing letters to legislators or government agencies with policy initiatives or representing their state before federal courts to defend constitutionality of state laws against attacks from federal government entities.
In some states, attorneys general are also granted broad statutory powers to act as “representative of the people” in civil and criminal matters, including convening grand juries to investigate crimes that cross state lines such as streetgang or drug trafficking activity. Furthermore, attorneys general are entitled to appear as legal representation in any state or supreme court cases that affect them directly.
At times, this role can result in controversial actions. For example, 11 state attorneys general joined together in 2010 to challenge the constitutionality of health care reform passed by Congress. Other examples of their activism can be seen through efforts to assist victims of child pornography or against unlawful business practices that victimize consumers.
As part of their roles as attorneys generals, attorneys general often have strong political views. Many attorneys general are actively engaged with their respective political parties or are vocal critics of their president – such as Eric Holder who recently voiced opinions against waterboarding policies and advocated for Guantanamo Bay closure during his time in office. An attorney general is an elected constitutional office – one reason it’s chosen in statewide elections alongside governorship elections.
Advocacy
Attorney generals use their positions to promote public interests through legislative and judicial action, such as proposing legislation, testifying in federal court proceedings, providing comments to state and federal regulatory agencies or writing letters to officials about policy initiatives. Furthermore, attorney generals also utilize their office to educate the public on law and their rights while convening task forces to address specific legal matters.
Attorney Generals can also use their offices to aid crime victims and their families through programs and services provided by their office, such as victim assistance funds or coordinating criminal justice activities statewide to help recover from financial consequences of crime. Furthermore, local prosecutors and police departments can receive training through this office.
Attorney general offices also play an integral part in upholding economic and social justice by enforcing laws designed to safeguard consumers, renters, patients, workers and charitable donors. Furthermore, this office can coordinate statewide criminal investigations while simultaneously supporting harm-reduction strategies in areas like drug trafficking, child abuse, sexual assault domestic violence elder abuse environmental protection.
Attorney generals also can manage the Office of Highway Traffic Safety, which receives grant funding from the National Highway Traffic Safety Administration to implement traffic safety programs through education, engineering and enforcement activities statewide. The office also oversees the Victims of Crime Compensation Office, which offers funds to crime victims as reimbursement for expenses incurred as a result of violence. Attorneys general can aid law enforcement efforts by coordinating anti-narcotics enforcement efforts, providing forensic science services, identification and information services and telecom support, and offering telecommunication support. Furthermore, an Attorney General has the power to appoint deputy attorneys general, special assistant attorneys general or any other necessary staff at his or her discretion.
