New York Attorney General is an increasingly high-profile law enforcement position with increased prestige and powers, as evidenced by Eliot Spitzer and Andrew Cuomo both becoming Governor from their positions as Attorney Generals after taking on major corruption, financial industry fraud and other cases while serving in that capacity.
This article delves into these expansive powers. The Attorney General enjoys broad constitutional and statutory authorities to represent both the State and its people in any litigation matters they might face, such as this article does.
Legal Advice
The Attorney General (AG), or their office he or she heads, offers legal advice and defends State government actions in court. Their level of involvement can differ depending on jurisdictional considerations as well as upon individual office-holder experience and significance of responsibilities assigned to them.
The Attorney General’s Office provides opinions upon request of State officials, state agencies and State’s Attorneys concerning matters pertaining to state statutes or constitution as well as issues of statewide significance. State law dictates who may request an opinion and when one may be issued.
By custom, the Office of the Attorney General does not accept private citizen requests for legal aid; however, many law schools and bar associations provide free legal services for individuals unable to afford an attorney.
Attorney General Daniel Cameron and his staff are dedicated to combatting all forms of sexual violence against women and girls, particularly sexual harassment in workplace environments and communities. Sexual violence violates human rights; people can only feel safe when trust is established between those supposed to protect them and themselves.
Additionally, the Office of the Attorney General strives to uphold the integrity of our legal system and enforce laws fairly, which is why they vigorously prosecute corruption, financial fraud, illegal gambling and money laundering; violent crimes such as murder and assault; as well as corruption cases like financial fraud, financial fraud and money laundering. We will not stop until all those who violate laws have been arrested and removed from public life.
Litigation
Attorneys general serve as the legal head of their states, commonwealths, territories and District of Columbia and have broad statutory authority to conduct litigation in courts on behalf of their jurisdictions. This may include representing state agencies, legislatures, or government officials against overreach that threatens liberty interests of citizens.
Attorneys General are charged with prosecuting cases in all courts, including federal ones where they possess plenary litigating authority. This authority was codified in the Act of June 22, 1870 which also provided for the creation of the Department of Justice. Congress has since confirmed and broadened their statutory power of litigation; as per statute only an Attorney General is eligible to represent the United States or its departments and agencies when undertaking litigation matters.
Most civil litigation is managed in the field by United States Attorneys under the direction and supervision of the Assistant Attorney General for the Civil Division. Other litigation within this division is assigned to component teams led by deputy Assistant Attorneys General with experienced trial and appellate lawyers under guidance by senior supervisory attorneys.
An important aspect of our division’s mission is providing support for United States Attorney’s offices and client agency counsel throughout their cases from pre-litigation investigation through appeal. This involves providing written responses to interrogatories and requests for admissions; providing advice about discovery allowed on proportionality grounds; making protective orders, claw-back agreements and Fed. R. Civ. P 26(g) motions when appropriate; filing motions for summary judgement or declaratory judgement and more.
A significant portion of the division’s litigation concerns issues related to complex constitutional, statutory, and regulatory interpretation issues, as well as high profile litigation with significant financial and policy repercussions for the state. Furthermore, its office issues legal opinions to certain state officials, agencies, boards and commissions and other entities on matters that relate to state statutes or constitution and have statewide significance.
Advisory Functions
Statutorily, elected officials, department heads and county prosecuting attorneys may request the Attorney General’s opinion on issues that arise during their official duties. The Opinions Bureau responds to these requests in various ways; please see this office’s Statement of Policy Relating to Furnishing Written Opinions for additional information about those to whom opinions are provided, their form of request submission and situations when an opinion will not be provided by Attorney General.
Opinions issued from this office can range from formal numbered opinions, signed by the Attorney General, to informal memorandum-type opinions prepared and signed by an assistant attorney general. Furthermore, this office provides advice to State agencies and officials on their legal matters; serves as counsel for numerous boards and commissions; defends against challenges to state laws as well as lawsuits filed against individual state employees and Texas itself; as well as providing advice to State agencies and officials regarding their legal issues.
The State is engaged in daily legal business that includes upholding criminal and civil rights of its citizens, upholding constitutionality of legislation passed by its legislature, protecting public interest in telecommunications rates, water supplies and utility services, validating State contracts that comply with statute, and combatting consumer fraud. To this end, its Attorney General uses his/her broad common law powers combined with legislative drafting functions as well as transactional services provided by his staff to carry out this important role.
The Attorney General’s Office consists of two offices: Parliamentary Counsel and Chief State Solicitor’s Office. This latter entity contains five large litigating components (Civil, Criminal, Environmental & Natural Resources, Antitrust & Tax), each staffed with deputy attorneys general. Each component reports directly to its Director who reports directly to the Attorney General; their deputy Attorney Generals are appointed by both and confirmed by Senate to oversee them as they act as senior advisors to both leaders of their management teams.
Public Policy
Attorneys general provide essential public service in many ways. Their duties range from protecting the environment to combating drug abuse and fraud, providing justice to crime victims and protecting consumers – and more besides. All this with an army of highly-trained, dedicated staffs working behind the scenes.
As chief law enforcement officers for their states, attorneys general serve as primary oversight for various agencies and commissions within them. As legal advisers to elected governors, members of the Legislature, state officers, as well as their election candidates when ethical misconduct charges are made against them, attorneys general also represent their states in federal courts when necessary.
Attorneys general take on criminal cases when county prosecutors decline or don’t want to pursue them, and also conduct investigations and prosecutions on crimes referred by the Governor or state agencies – such as child exploitation/pornography crimes, computer crimes, gang activities, money laundering schemes, violations of environmental laws and theft of government property. Attorneys general also defend criminal convictions on appeal as well as representing prisoners against their imprisonment in lawsuits filed against the state.
Attorneys general and their staff work to protect the residents of their state by creating and advocating policies to address issues impacting residents, such as affordable health care, equitable criminal justice, safe neighborhoods and the protection of private property. Attorneys general also coordinate law enforcement efforts across their state such as narcotics investigations while supporting local police departments by offering services like forensic science services, identity information and telecommunication support.
Attorneys general also work closely with environmental agencies of their states to regulate polluters, as well as with communities to reduce crime through anti-gang initiatives, money laundering strategies and law enforcement training. Furthermore, attorneys general provide civil rights and consumer protection services by investigating civil rights violations by state employees as well as representing consumers against discrimination claims; additionally they act as conduits for federal grants such as Victims of Crime Compensation Program and Byrne Justice Assistance Grant grants.
Attorneys General are also in charge of overseeing their states’ professional licensing boards, which regulate occupations such as accountants, architects, veterinarians and nurses. Furthermore, they act as enforcement officers for environmental, financial, labor and real estate laws across their respective states.