The Office of the Attorney General

Each state attorney general oversees an office of lawyers and staff which serves both executive and judicial branches of their state government, while also issuing legal opinions upon request by specific state officials.

State attorneys general often use their power as state defenders of rights to curry favor with constituent groups. Broad statements regarding either their duty to defend bans on same-sex marriage, or refusal, are deceptive and self-serving.

How Many Attorney Generals Are There in Each State?

State attorneys general serve a multifaceted function. Their responsibilities encompass investigating and prosecuting cases; providing legal advice to state government agencies, legislatures and county prosecutors; serving as public law enforcement representatives and acting as their chief law enforcement officer; among others.

They are empowered to take on both federal and private civil rights litigation. Their staffs of attorneys specialize in areas like Medicaid fraud prosecutions, gun regulation and litigation of civil qui tam actions.

Positions of attorneys generals vary significantly across states’ laws and cultures, so any attempts at forcing one-size-fits-all solutions onto defense of state laws should be rejected outright. Doing so undermines federalism by treating attorneys general as interchangeable units while differing approaches to the duty to defend are both necessary and legitimate; unlike federal governments which might react similarly when challenged laws come under attack.

How Many Attorney Generals Have Been Elected in Each State?

State attorneys general (commonly referred to as “people’s lawyers”) provide invaluable services and advice for state government agencies and legislatures, conduct criminal investigations, assess civil penalties for infringing federal regulations and keep federal regulators under check. State AGs use various advocacy tools such as filing lawsuits against federal or even state agencies, testifying at hearings, drafting legislation or engaging in public education campaigns in order to advance specific policy and political goals.

Some attorneys general believe it is their obligation to defend state statutes against federal challenges, while others see this power and obligation as their right. Both are incorrect assumptions as neither can adequately account for all fifty states’ unique laws.

Nationwide, AG and secretary of state races are seeing record campaign spending. Click your state below to discover more of what’s at stake and see the future unfold before your eyes!

How Many Attorney Generals Have Been Appointed in Each State?

Each state and territory has an attorney general (AG), or top legal officer, to advise government and represent public interest in court. At the State Energy & Environmental Impact Center we support AGs by advocating for strong laws on energy conservation and climate justice issues across the nation.

While most attorneys general are elected, others may be appointed by governors (for more on this relationship between governors and AGs) or selected by state legislatures or supreme courts. While their offices fall primarily within the executive branch, many attorneys general also serve as advisors or litigators on behalf of legislative or judicial branches or represent states in federal courts as exclusive litigators for their state(s). Their office typically hires staff of lawyers comprising economists, scientists, librarians or communications professionals – the common thread being private law experience among them all.

How Many Attorney Generals Have Been Reappointed in Each State?

The People’s Lawyer enforces state laws, prosecutes criminal appeals and some complex white-collar crimes, conducts a statewide grand jury system and oversees peace officer training and certification. Furthermore, their office coordinates civil and criminal investigations across the state as well as working with other state agencies on matters pertaining to law enforcement, public health and natural resources – while also offering pro bono legal services to vulnerable individuals and groups.

Attorneys general are political actors who will seize any opportunity that arises to advance their careers. Red state AGs found great political gain by refusing to defend same-sex marriage bans and gun control measures within their states, providing political capital to these positions of power.

Attorney generals serve their state by fulfilling various duties, powers and responsibilities dictated by both federal and state law; ultimately though, state laws prevail – making the office of state AGs such an influential force with their subpoena power.