What Is the Job of a State Attorney General?
Every state has its own attorney general's office, and in most states it is an elected office. In some states, however, the attorney general is appointed by the governor, legislature or supreme court. The powers of the attorneys general are not uniform throughout the United States because each attorney general is provided for in, and empowered by, each state's constitution and body of laws.
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Criminal Cases
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When crimes are committed, they are committed against the citizens of the state as well as against the individual. As a result, the people, in the form of the state or commonwealth, prosecute the accused. The state attorney general prosecutes criminal cases that involve multijurisdictional operations, such as multicounty drug networks or Internet child pornography. This eases the burdens on local district attorney offices. The state attorney general will also prosecute criminal cases in single-county crimes when there is a conflict of interest in the district attorney's office, such as when the prosecutor is a friend of the defendant or if the prosecutor used to be counsel to the defendant. The attorney general will prosecute the case at the trial level and all appellate levels.
Civil Cases
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The state attorney general will also represent the people, in the form of the state or commonwealth, in civil actions brought against the state. If someone sues the state for an injury that occurs on state property, or for violating the rights of an individual, the attorney general's office defends against the lawsuit.
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Advise State Officials
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When state officials, such as governors, legislatures or municipal board members, wish to take action or create a law, they may consult the state attorney general. The state attorney general will advise the official concerning the constitutionality and legality of the action they wish to pursue. This can be done when the state or local government wishes to exercise eminent domain power to force a property owner to sell property to the government, or if the state wishes to enact legislation that pertains to a legally protected class, such as race.
Enforce Consumer Protection Laws
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Many state attorneys general have consumer protection divisions that help protect state residents from fraud. In many cases, the attorney general will take steps to protect against abusive telemarketing, fraudulent business actions, and identity theft. This is generally done through tough enforcement of the law or creating a program to educate consumers. A common program among the states is a "Do Not Call" list for each state--consumers can add their number to prevent telemarketers from calling.
Enforce the State Constitution
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The most important job of a state attorney general is to protect the state constitution and the United States Constitution. Every state attorney general, upon taking office, takes an oath to protect the constitution of the state in which he is elected and the U.S. Constitution. If a federal law encroaches on the state constitution illegally, the state attorney general may sue the federal government to keep the law from being enforced. If a state law or action conflicts with the state constitution, the state attorney general must protect individuals from its enforcement. An example of this is when a state law or action deprives a person of the civil rights provided by the state constitution.
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References
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