Attorney General
The Basics
Every state (plus Washington D.C. and the U.S. territories) has an Attorney General, who is the highest-ranking legal and law enforcement officer in the state. You can think of your AG as your state government’s top lawyer: they can represent the state when it’s brought to court or a state law is challenged, get involved in any state-level civil or criminal cases, start investigations of their own, and even file lawsuits against the federal government.
Usually an Attorney General’s office has several departments that are focused on fighting specific types of crime, like civil rights violations, fraud, human trafficking, or anything else the current state government wants to prioritize. As the state’s top legal expert, they often propose new policies, which can be passed into law by your state legislature if they have enough support. Your AG’s policy recommendations can impact anything from healthcare access, to the environment, to taxes and so much more.
If you live in one of the three states that don’t have independent local District Attorney’s offices (those are Alaska, Delaware, and Rhode Island), your Attorney General is even more powerful, because their office is directly responsible for all criminal prosecutions in your state. Their decisions set the tone for what kind of charges to bring, which types of crime to prioritize for enforcement, and can guide and recommend sentencing.
One of an Attorney General’s most important powers is providing the state’s official legal opinions to agencies, officers, their state’s legislature, and other leaders in state government. This means they set the tone for your state’s entire criminal justice system – their opinions can impact your interactions with police, judges, courts, probation and corrections officers, and your local government. If you care about criminal justice issues, this is one of the most important elected offices to pay attention to!
Attorney Generals usually serve four-year terms. In most states, AGs are elected statewide (by all the state’s voters), but a few states and territories have a different process.
Source: the National Association of Attorneys General
How can I make my voice heard?
Vote
If you live in one of the 43 states that elects its attorney general, be sure to register and vote! Find out each candidate’s positions on issues you care about. Your local newspaper is a great place to start: many newspapers interview candidates to learn more about their views, assess how qualified they are, and endorse a particular candidate for the job. Keep your eyes peeled for debates, and for candidate forums where members of the public can ask questions and hear from everyone who’s running.
Make your issue an election issue
Campaigns are the time to shine a light on the issues you care about. Raise your issue by asking questions at candidate forums, writing a letter to the editor at your local newspaper or calling in to a public affairs radio show. Contact organizations that advocate for your issue, too – they may not have thought about getting involved in the election for the next attorney general.
Advocate all the time
Has your insurance company double-billed you? Has your utility rate mysteriously increased? Do you suspect a local company of illegally dumping waste? The attorney general in your state probably has a website where you can file complaints online. Check out your attorney general’s website or bring a concern to their attention.
You can also ask your attorney general to create a task force to explore a particular issue in more depth – for example, you can ask your attorney general to come up with recommendations for how your state can better implement and enforce child support laws.
Volunteer
If it’s an election year, you can volunteer for the campaign of the attorney general candidate who best reflects your values. In the meantime, you can volunteer with a non-profit organization that advocates for the issues you care about – and encourage it to recruit and support attorney general candidates with positions you can get behind (within the limits of the law, of course).
Pressure
Your attorney general is part of the leadership of state government. You can leverage these relationships by asking your governor, lieutenant governor, state treasurer, and state legislators to direct the attorney general to act on your issue.
What have Attorney Generals done?
AGs have a lot of power to influence not just your state, but the whole country through the lawsuits they file. Here are just a few examples of actions that have made a big impact:
- Mark Herring
Virginia
Asked the state’s utility regulators to continue their ban on disconnecting utilities during the COVID pandemic, making sure Virginians could stay safely in their homes even if they were struggling to pay their bills - Dave Sunday
Pennsylvania
Filed criminal charges against an energy company for allegedly failing to properly maintain a natural gas well, resulting in air, water, and ground pollution throughout southern Pennsylvania and in several other states - Liz Murrill
Louisiana
Asked a federal court to stop the Orleans Parish Sheriff’s so-called “sanctuary city” policy of limiting cooperation with immigration authorities; the case could significantly impact non-citizens living in Orleans Parish and other cities with sanctuary policies - Ken Cuccinelli
Virginia
Sued the federal government to stop the Affordable Care Act (also known as Obamacare), arguing that the government couldn’t force anyone to buy health insurance; this was the first legal challenge to the ACA
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In 2014, just two weeks after taking office as Virginia’s Attorney General, Mark Herring reviewed the state’s ban on same-sex marriage and concluded that it went against the U.S. Constitution. The year before, two same-sex couples had filed lawsuits challenging the ban. While the AG’s traditional stance is to defend all state laws in court, Herring decided not to defend Virginia’s ban, arguing that it violated the 14th Amendment of the U.S. Constitution (this amendment says that all citizens are entitled to equal protection under the law). Both the U.S. district court and the U.S. 4th District Court of Appeals agreed with him on the unconstitutionality of Virginia’s ban, so in October of 2014, the Supreme Court of Virginia let those decisions stand – making marriage equality the law in Virginia one year before it passed nationwide. By refusing to defend the ban, AG Herring helped build momentum for marriage equality in the South and created lasting change in Virginia law.
Sources: NBC News; the Library of Virginia; NPR; the US Constitution
How does it work in my state?
Scroll down and click on your state to learn more about the specifics of the Attorney General’s powers and responsibilities where you live. (If your state isn’t here yet, check back often – we’re adding more info all the time. If your state doesn’t elect its Attorney General, it won’t appear here.)
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Term limits: none; terms are four years
Eligibility: to run for Attorney General, you must be at least 25 years old and a registered Louisiana voter; and must have been a U.S. citizen, Louisiana resident, and a licensed attorney admitted to practice in Louisiana for at least 5 years
The Attorney General runs the Louisiana Department of Justice. Some of their most important responsibilities are:
- Criminal investigations
The DOJ has divisions focused on gaming, consumer protection, cyber crimes, child exploitation, fraud, and corruption - Assisting local District Attorneys with criminal cases
Local DAs can ask for the AG’s assistance, or the AG can step in on their own - Protecting Louisiana’s natural resources and coastal areas
- Raising public awareness about opioids and other important public health and safety issues
Sources: the Louisiana Constitution; the Louisiana Department of Justice; the New Orleans Times-Picayune
- Criminal investigations
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Term limits: none; terms are four years
Eligibility: to run for any office in North Carolina, you must be at least 21 years old and eligible to vote in the state. The Attorney General must also be licensed to practice law in North Carolina
The Attorney General leads North Carolina’s Department of Justice (DOJ), and is the state’s top law enforcement officer. Their most important powers and responsibilities are:
- Criminal and civil investigations
The DOJ takes on all kinds of legal issues, and has special divisions focused on consumer protection, Medicaid fraud, and environmental protection - Advising the state and local governments on legal issues
And, representing government agencies in court if needed - Representing the state if a criminal conviction is appealed
- Assisting local District Attorneys with investigations, if the DA’s office requests it
- Overseeing training for law enforcement
The DOJ runs the state’s Justice Academy, which trains local officers, and also sets training standards. This gives the Attorney General a lot of power over policing issues - Supporting crime victims
The DOJ’s Public Protection section offers resources to victims of violent crimes such as sexual assault, domestic violence, and trafficking, and runs the state’s Address Confidentiality Program - Running the state’s Crime Lab, which helps local law enforcement by analyzing evidence
- Protecting civil rights through the DOJ’s Civil Rights Unit
- Providing resources to the public
The DOJ’s website provides resources on many types of crime and legal issues
Sources: the North Carolina Constitution, Article III and Article VI; North Carolina State Board of Elections; the North Carolina Department of Justice
- Criminal and civil investigations
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Term limits: limited to two terms in a row, but can run again after sitting out at least one term; terms are four years
Eligibility: to run for Attorney General, you must be at least 30 years old, a U.S. citizen, a licensed attorney admitted to practice in Pennsylvania, and a resident of Pennsylvania for at least 7 years (unless you were living somewhere else while doing official business for the US or Pennsylvania government)
The Pennsylvania Attorney General runs the Office of the Attorney General. Some of their most important responsibilities are:
- Criminal investigations
The AG’s office is responsible for investigating organized crime and public corruption cases, including complex drug and Medicaid fraud cases - Collecting taxes and other debts owed to the state
- Representing state government agencies and executive branch leaders in court
- Enforcing consumer protection laws
- Representing the state or Pennsylvania residents in antitrust cases
- Providing assistance and resources to the public
The office has resources on opioid abuse, senior services, consumer protection, Medicaid fraud, and other legal topics
The Attorney General’s office also has special powers over transactions involving nonprofit health organizations, like hospitals and care homes. When an organization is going to be bought or sold, the office can review the terms of the deal to make sure it’s in the public’s best interest and prevent antitrust issues (antitrust is an area of law that’s focused on protecting consumers by making sure no one company has too much power). The AG’s office has the power to oversee the buying/selling process, or challenge the deal in court if they oppose it.
Sources: the Pennsylvania Constitution; the Office of the Attorney General; Source on Healthcare, UC San Francisco School of Law
- Criminal investigations
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Term limits: none; terms are four years
Eligibility: to run for Attorney General, you must be a U.S. citizen, at least 30 years old, and have all the same qualifications needed to be a judge in Virginia (judges need to be Virginia residents and licensed attorneys admitted to practice in Virginia for at least 5 years)
Virginia’s Attorney General runs the Office of the Attorney General. Some of their most important responsibilities are:
- Criminal investigation
The Office of the AG can start investigations of their own, or assist in local investigations - Providing legal advice
To the Governor, all of the state’s executive agencies, state boards and commissions, and sometimes colleges and universities – but not to private citizens - Running departments and programs focused on specific issues
Including cybercrime, healthcare fraud, elder abuse, consumer protection, antitrust, and crimes against children - Partnering with the Department of Social Services on child support collection cases
- Representing Virginians in utilities cases
Making sure consumers are being treated fairly and are not overcharged - Providing services and resources for crime victims
- Running awareness campaigns
On public safety issues like opioids, hate crimes, and identity theft
Sources: the Virginia Constitution; the Office of the Attorney General
- Criminal investigation