The Attorney General’s Role and Current Status in the US
The Attorney General serves as the premier law enforcement official of the United States. Congress established this position in 1789.
State attorneys general are chosen by voters and do not fall under constitutional term limits. Their work typically entails working with legislatures, prosecuting cases and providing legal advice to state agencies.
The Role of the Attorney General
Attorney Generals serve as the highest law enforcement officers for both state and federal governments, with responsibility for upholding laws and regulations, overseeing state prosecutors, providing legal advice to president and other executive branch officials on legal issues, serving as legal advisor to governor, legislature and other state agencies as legal counsel and being appointed with Senate consent by president. Their roles have an immense effect on Americans daily lives.
State attorneys generals’ duties vary, but generally include prosecuting offenses committed against the State, providing legal advice to Governor and Legislature members, appearing as ex officio members on various state boards and commissions, providing written opinions when requested from these and other officials and agencies, representing individuals or corporations when appropriate and overseeing civil rights, antitrust regulations, environmental protection initiatives as well as consumer/worker protection initiatives in their state of jurisdiction.
State Attorneys General also work on national policy changes. They have called upon the FDA to regulate e-cigarettes, collaborated with other AGs on issues like price gouging during natural disasters or the COVID-19 pandemic, and requested new worker protection standards due to climate change impacts on work environments.
As well as prosecuting and policy-making duties, the Attorney General also oversees the Office of Victims Compensation Board which acts as a last resort fund for crime victims incurred due to criminal acts; and Highway Traffic Safety Office which promotes traffic safety programs via education and engineering efforts.
The Attorney General is supported by an exceptional staff of over 180 people with backgrounds spanning across law, public administration, business management, investigation and pro bono programs. Furthermore, his Office has an active pro bono program where lawyers donate their time to those unable to afford legal services themselves; his Committee of Attorneys General on Pro Bono Program creates policies for this initiative while also resolving potential conflicts of interests between volunteers.
Current Status
Attorney generals play an essential role in executive branch government and serve as key law enforcement officials in many states. Attorneys general serve as chief legal officers for their state agencies while serving as advocates for public interest representation.
Over time, as cultural trends and social shifts evolved in America, so did the duties of the attorney general’s office. With their initiatives and legislative acts as drivers of this change, this role now covers a broad spectrum of activities which protect citizens within each state and community.
Attorneys general for each state and territory provide citizens of their states legal representation in civil and criminal litigation before trial courts, appellate courts and supreme courts of their state and of the United States. Furthermore, attorneys general of each state and territory also enforce health, safety and consumer regulations; collect court-ordered child support; plan crime prevention programs like McGruff the Crime Dog; provide financial assistance to victims of violent crimes such as burglary or robbery; as well as collaborate with local, county and federal law enforcement to investigate and prosecute serious offenses. Additionally, offices of state attorneys work together with local, county and federal law enforcement to investigate and prosecute serious offenses.
Each attorney general serves as both a member of their State’s Cabinet and legal advisor for major departments and boards, commissions and officials of their State. Under law, attorneys general represent their States as parties against other States or the Federal Government in lawsuits brought by individuals or private corporations against those states or on their behalf by individuals filing claims directly against those officials.
Sexual violence poses a significant threat to public safety, and the office of the Washington State Attorney General remains dedicated to ensuring victims are treated fairly and with dignity. The office will continue its efforts to prevent domestic violence, rape and sexual assault as well as assist law enforcement officers with being effective against this growing threat. The office will also continue its fight against sexual harassment and discrimination, which endangers both employees and those they serve. This office will strive to protect the economic security of working families by assuring they receive fair wages and have access to good jobs, safe housing, quality healthcare services and adequate educational opportunities for their children.
History
The attorney general, as a member of the Cabinet, oversees many issues that pertain to federal government. For instance, they prosecute cases brought against it, manage prisons and penitentiaries across the nation, provide legal advice to president and other executive departments, and represent United States in Supreme Court cases when needed.
Attorney general is one of the most influential positions in our nation and should not be taken lightly. Nominated by the president and confirmed by both houses of Congress, an attorney general can be nominated and removed at any time by either body – as well as impeachment proceedings being pursued against him or her as any other member of Congress would.
All 50 states, the District of Columbia and American Samoa, Guam, Northern Mariana Islands and Puerto Rico each have attorneys general who act as chief legal officers for their jurisdictions, providing advice to government agencies and legislatures while advocating on behalf of public interests.
History shows us that the role of state attorneys general has been dynamic over time, responding to cultural trends and social changes. Early 20th-century attorneys general were instrumental in securing civil and voting rights for African Americans during Reconstruction after the end of Civil War; more recently they have pursued those who violate state law to protect vulnerable citizens and ensure companies who violate consumer protection or environmental regulations are held accountable.
New York Attorney General Letitia James has made significant strides toward stemming the flow of illegal firearms into her state, collecting over $7.5 billion in fines against companies that take advantage of consumers or violate environmental protection laws in New York. She has taken action against predatory landlords, those engaging in fraud against Medicaid programs and challenged the Trump administration in court in defense of immigrants and DACA recipients’ rights.
Future
As attorneys general are powerful advisors to state government agencies and legislatures as well as representatives for the public interest, The People’s Lawyer offers a biweekly podcast taking an in-depth look at their efforts to uphold rule of law and the Constitution – such as working with legislatures, consumer protection, antitrust enforcement, criminal justice systems, protecting vulnerable populations etc.. It is produced by National Association of Attorneys General.
This issue was edited by California Attorney General Rachel Rosenblum and co-produced by the New York AG’s Office.
Letitia James made great strides during her first term as New York Attorney General to protect the health and safety of her constituents by going after predatory landlords who harassed tenants or violated child labor laws; protecting New York’s natural resources by prosecuting polluters who violated environmental protection laws; as well as taking on opioid manufacturers who defrauded the state through fraudulent sales practices.
As part of her efforts to protect vulnerable populations, she has advocated for access to abortion care and taken on corrupt officials who violate New York domestic violence and workplace protection laws. Furthermore, she went all the way up to the Supreme Court to block an addendum on citizenship from being added to the census and defend DACA recipients.
Each attorney general of his or her respective state has the duty of upholding its laws, but that does not obligate him or her to support all state policies in line with a specific set. Federalism provides space for states to experiment with different solutions that work better for their specific situations; such a requirement would go against this principle.
Attorney General Yost oversees an enormous department comprising 93 U.S. Attorneys, 24 components and numerous offices under his guidance; they report directly to Deputy Attorney General. Shawn Busken provides vital support as First Assistant and Director of Outside Counsel by engaging, retaining and overseeing private attorneys that represent state agencies, colleges and universities, retirement systems boards commissions as well as contingency cases for his Office.
