Attorney generals serve to advocate for their state’s residents, organizations and natural resources. Their responsibilities involve investigating and prosecuting criminal cases; advocating laws designed to protect citizens; overseeing victims of crime compensation programs; as well as overseeing victim compensation schemes.
Attorneys general can sue the federal government when its decisions have harmed their state residents, such as by declining to defend same-sex marriage bans.
Prosecuting Criminal Cases
As well as prosecuting crimes, the attorney general also manages legal issues and relays them to Congress for action. Furthermore, they ensure federal laws are implemented consistently throughout the nation.
As New York AG Letitia James made clear, she took action against predatory landlords who exploited tenants and environmental polluters who violated state lead paint and water protection laws. Furthermore, she went all the way up to the Supreme Court to stop citizenship question from being added to census form; ultimately succeeding in protecting DACA status.
Prosecutors must consider all applicable international, domestic, state tribal and territorial interests when carrying out their prosecution responsibilities. Prosecuters also must follow Department guidelines regarding charging pleas and sentencing that can be found in its Prosecution Policy Statement or Additional Department Policies on Charging Pleas and Sentencing.
Defending Criminal Cases
Although most criminal cases are handled by district attorneys, the attorney general has broad authority to take over major state prosecutions and defend convictions on appeal. This includes cases that span multiple county jurisdictions or involve capital offenses like first-degree murder. Their office also prosecutes gun and drug cases in federal court as well as enforce civil rights laws within their state while working closely with foreign law enforcement partners to improve policing practices against terrorism and organized crime.
Attorneys General are also legal advisors for many state boards and agencies, as well as providing defense for challenges to state laws and suits against officials and employees of state entities. Our firm defends clients facing state grand jury subpoenas or search warrants or indictments as well as appeals of criminal convictions or death penalty cases.
Advising State Government
Each state and territory in the US has an attorney who serves both government agencies and members of the public; this person is known as their state or territorial attorney general and bears many responsibilities.
The AG acts as legal counsel to the governor and heads of other state departments, agencies, and boards. He or she also issues legal opinions and defends against challenges to statutes, laws and actions taken by state government.
These duties include fighting cybercrimes, finding and appointing sexual offenders for prosecution and digital forensic investigations, combatting Medicaid fraud, prosecuting mortgage-related crimes and collecting court-ordered child support payments. The AG often lends his/her views in federal cases via amicus briefs. Courts sometimes grapple with whether an AG violates traditional client attorney ethics by filing suit against elected state officers.
Protecting Consumers
State attorneys general serve as America’s primary consumer watchdogs, prosecuting dishonest businesses and helping consumers when they have been victimized by scams. Their legal teams take swift action against collection agencies that violate state laws; sue banks that break mortgage rules; and bring cases against for-profit colleges that mislead students – annually recovering millions for consumers and taxpayers alike.
Mike heads our nationally-ranked State Attorneys General practice and assists clients navigate complex government inquiries by providing counsel on all aspects of investigations and litigation related to them. His extensive experience includes representing high-profile state banking and privacy regulatory enforcement cases, leading multistate attorneys general privacy investigation teams, handling computer crime litigation, data breach litigation as well as computer crime litigation against multiple banks based in multiple states as well as two decades worth of CFPB/FTC investigations among others.
Suing the Federal Government
Attorney generals play an array of roles to protect citizens and businesses alike. Our AG Actions Database showcases some examples: AGs prosecuted an individual who sent trade secrets to China; assisted police departments reform their practices after being subject to DOJ investigations into Freddie Gray’s death; and pursued companies violating environmental protection laws.
The Attorney General was granted full statutory authority to represent the United States or its departments or agencies in litigation that affected them in 1870 as part of the legislation establishing the Department of Justice. Attorney Generals often consult with Solicitor General, an official within Justice who represents their cause before the Supreme Court.
