The Attorney General oversees the Department of Justice, represents the United States in litigation proceedings and advises Presidents and heads of federal executive departments. State AGs work directly with legislatures and agencies.
Attorneys general serve a critical function, holding government to account by filing lawsuits when its authority exceeds what should be expected. Categorical statements about their responsibility to defend state laws on same-sex marriage betray an ignorance to its nuances and dynamics.
Functions
In New York, the attorney general serves as chief legal officer. They work tirelessly to uphold justice by prosecuting criminals, defending lawsuits and providing formal opinions requested by State officers, legislators or county attorneys on questions of law. Furthermore, their position aims to safeguard consumers by upholding consumer protection laws as well as monitor mergers and acquisitions for antitrust activity.
The Office of Attorney General acts as the largest law firm in the state, representing State agencies before courts and in other legal matters. Furthermore, they offer an investigation program into financial services industry fraud.
At both state and national levels, AGs play an essential role in keeping government in check by filing lawsuits against federal or State agencies that exceed their authority. Furthermore, national AGs engage in rulemaking processes, hearings, rule changes and more in order to promote public interest; this enables them to adapt quickly as administrations change and issues emerge.
Duties
Typically, the attorney general represents the State in all civil and criminal litigation where they are involved, initiating civil or criminal actions to enforce laws of the State and initiating them when necessary. Furthermore, his or her office prepares legal opinions for Governor, Legislature or heads of state departments.
The office also enforces laws designed to safeguard consumers, tenants, workers, investors and charitable donors; detects, investigates and prosecutes crime rings; coordinates state traffic safety initiatives and administers a victim compensation fund; as well as providing law enforcement and criminal justice agencies with forensic science services, identification systems support, telecommunications support as well as victim compensation funds.
Attorneys general, who often serve as bridges between law and politics, are uniquely equipped to address critical issues and influence public policy. But blanket claims that all attorneys general have an obligation to defend all laws violate the integrity of their roles as well as subvert federalism – such as when the Republican National Committee suggested all attorneys general must defend states’ bans on same-sex marriage.
Responsibilities
Attorney general offices are typically comprised of lawyers and are charged with providing legal advice to government agencies and legislatures, as well as acting as representatives for their constituents – taking actions such as consumer protection, antitrust enforcement and criminal justice enforcement to safeguard citizens and protect public interests.
Attorneys general have concurrent jurisdiction with local prosecutors in prosecuting state crimes. Additionally, they plan and implement crime prevention programs like McGruff the Crime Dog; administer the Sexual Offender Registration System; commission notaries public; and plan crime prevention campaigns such as McGruff the Crime Dog.
New York attorneys general, for example, play an essential role in protecting consumers from fraudulent activities while making sure businesses comply with state laws and regulations. When necessary they take legal action to enforce violations such as unfair competition or environmental violations by filing suit against companies engaging in these practices. Furthermore, problem solving skills play an essential role as they must evaluate information to come up with solutions or mediate disputes between disputing parties.
Qualifications
State attorneys general have become an active and influential presence on the law enforcement landscape, heightening stakes for individuals and organizations targeted by investigations, prosecutions and policymaking activities. Patterson Belknap regularly advises clients who have their operations scrutinized or prosecuted by state attorney general offices as well as having extensive experience defending companies and individuals against such investigations or litigation brought forth by these offices.
The Attorney General Series features attorneys who engage in an array of legal work. This may include providing advice to some of the state’s largest departments, providing legal advice to boards and commissions that primarily employ attorneys, providing assistance and discharging local district attorneys when necessary, preparing legal materials for trials hearings or proceedings as required, analyzing legislation for recommendations or conducting legal research.
Most states impose constitutional or statutory bar membership requirements on candidates for attorney general positions, with Montana being no exception. Recently, however, one citizen filed suit to challenge a candidate who failed to fulfill this constitutional five-year requirement and run for Montana attorney general’s office.