Attorney Generals Role and Current Status in the US
Attorney Generals shape national politics and policy by filing strategic lawsuits, combatting price gouging during disasters, taking on fraudsters and corporate bullies.
But these elected officials receive much less media and voter attention than politicians running for Congress or governor, something which must change.
Origins
Attorney generals often go beyond traditional legal work to address social issues through their tools and skillset. For example, in Washington state the Attorney general took an active role in protecting the rights of homeless individuals.
State attorneys do more than prosecute criminal cases and argue them in court; they also file civil lawsuits on behalf of their state to collect delinquent loans or accounts, recover salary overpayments or enforce contracts, liens and licenses. Furthermore, these lawyers often advise government agencies and officials on legal issues.
State attorneys are elected by citizens in states, commonwealths, territories and the District of Columbia to serve as legal officers and representatives of public interest. Their offices typically contain a team of lawyers as well as support personnel and often include other types of support staff such as administrative professionals. State AGs often referred to as “people’s lawyers”, they provide counsel to government agencies and legislatures while upholding public interests by keeping federal agencies in check.
Responsibilities
Other than their legal duties and mandates, AGs also take actions that protect the public interest. At the state level this may include conducting investigations of federal agencies that exceed their authority; at a federal level this might involve engaging in rulemaking processes at agencies and testifying at hearings.
As part of their services, AG offices often work closely with charitable organizations in their states that provide assistance to those most in need. While AGs cannot give legal advice directly, many make it a point to provide access to relevant information for the public at large.
The American Constitution Society’s State Attorney General Project offers legal resources, programming and events focusing on the actions and emerging legal/policy challenges facing AGs, while their Leadership Center for AG Studies conducts original research as well as outreach that raises awareness of the critical roles these offices play in our system of government.
Powers
Attorneys general are well-recognized for their wide-reaching powers and expansive legal knowledge, giving them immense influence on nationwide politics and policy through strategic litigation. Serving as “people’s lawyers”, these legal professionals have the flexibility to respond swiftly and swiftly to challenges or opportunities presented by any given circumstance.
At a federal level, the Attorney General leads the Department of Justice and acts as chief law enforcement official for the United States. They are nominated by President and confirmed by Senate.
Not only do attorney generals represent State government agencies in court, they also provide legal advice through formal written opinions and have the ability to veto contracts and agreements signed by certain State officials. Furthermore, attorneys general can grant nolle prosequi, an official determination that states no intention to prosecute an accused person or matter brought into prosecution in their name by issuing certificates of non-prosecution – this power should only be exercised with great consideration given its potential effect on public safety.
Status
Attorneys General are often seen as public advocates, championing consumer, worker and environmental protections across the nation. Our AG Actions Database showcases what Attorneys General are up to across the country.
At a state level, AGs serve as legal advisers for various agencies and legislatures, issue formal legal opinions on behalf of those they advise, operate victim compensation programs, defend laws against challenges to them and serve on various boards and committees as ex officio members. Furthermore, AGs retain control of criminal prosecutions with legal authority to require approval by the Director of Public Prosecutions before prosecuting certain crimes and can even stop or stop prosecution altogether if necessary.
The US Attorney General serves as the highest law enforcement officer of the US and is appointed by the President and confirmed by the Senate, while other Attorneys General are elected officials. NAAG hosts The People’s Lawyer podcast biweekly which explores attorneys general as chief legal officers as well as representatives of their people.
