Attorney General (US states)

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Seal of the Attorney General of New Jersey
Seal of the Texas Attorney General

An attorney general ( English mostly State Attorney General ), all 50  states of the United States . It is a high position within the executive branch of the respective state governments ; the respective incumbent assumes the duties of both minister of justice and attorney general .

tasks

The state attorney general performs similar duties at the state level as the federal attorney general . Especially in German usage, this is usually referred to as the US attorney general. A State Attorney General also has the functions of Minister of Justice and Attorney General. His responsibilities include advising the state government on judicial matters, overseeing law enforcement agencies and representing its state in court. In the meantime, the Attorney General himself only negotiates in cases of exceptional importance before the courts; most representations are now performed by the respective Solicitor General . The respective Attorney General has its own authority, comparable to a ministry , with at least a few hundred employees.

Within the federal executive branch, the attorney general is usually the fourth highest post after the governor , lieutenant governor, and secretary of state . In the five states without a lieutenant governor, the incumbent is in third place. The Attorney General is also considered in the protocol-based successor to the governor's post. Mostly he stands behind the lieutenant governor, the chairman of the two chambers of parliament and the Secretary of State. In some states it also ranks above the Speaker of Parliament .

The office of Attorney General is considered a prestigious position; many incumbents rose to higher political offices and mandates, particularly in the United States Congress and the governorship.

Occupation

Map of the states by variant of the occupation

In 43 states, the Attorney General is directly elected by the population. Typically, at least the two major parties took on a candidate who previously as part of an internal party code ( Primary was determined). In almost all states, the applicant with the most votes automatically won. Therefore a relative majority of the votes is sufficient. In the election campaigns themselves, however, the personality of the candidate is more in the foreground than the party-political affiliation. The mandate is granted for four years. In many states the maximum number of terms of office has been limited to two, in others every applicant can theoretically be re-elected an unlimited number of times. Votes are usually given at the beginning of November of every even year; either in parallel with presidential elections or mid-term elections to Congress. In most cases, the election takes place at the same time as all other elections with which government offices in the states are filled. In Pennsylvania, for example, the Attorney General is elected in parallel with the US President (e.g. 2012, 2016, or 2020), while the Governor is elected at the same time as the mid-term election (e.g. 2010, 2014, or 2018).

Since not only the governor and lieutenant governor are directly elected, but also other high executive offices such as Secretary of State and State Treasurer (roughly equivalent to a finance minister), the respective elected officials can belong to different parties. Unlike the governor, the Attorney General is less entrusted with general political issues. Thus, ideological conflicts do not necessarily arise.

In Alaska , Hawaii , New Jersey, and Wyoming , the Attorney General is appointed by the governor. The appointment must be confirmed by the respective state senate. In these states the appointment is for an indefinite period; that is, the governor can recall the attorney general at any time without obtaining the consent of the legislature . In Maine and New Hampshire , the state legislature appoints the Attorney General, while in Tennessee the state Supreme Court has jurisdiction. In the past, most elected officials were appointed by the governors; during the 20th century, many states made the Attorney General an electoral office.

In the event of a premature resignation or loss of a mandate, no early special election will be held in the 43 states in which the Attorney General is elected. Instead, the governor appoints a new officer for the remainder of the term. Here, however, the approval of the legislature is necessary.

Party affiliation

As of February 2018, 27 incumbents were Republicans and 22 Democrats , and Alaska's Attorney General was non-party.

See also

Web links

Commons : Siegel von Attorney Generals  - Collection of images, videos and audio files

Individual evidence

  1. a b c NAAG: About (English).
  2. Chistoph M. Haas, Wolfgang Jäger: system of government of the USA: Teaching and manual. Oldenbourg, Munich 2007, ISBN 978-3-486-58438-7 , pp. 471 to 474.
  3. ^ Louis Jacobson: Republicans on the Hot Seat in AG Races. In: Governing.com , February 2, 2018.