The attorney general of Virginia is an elected constitutional position that holds an
executive office in the government of
Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the East Coast of the United States, Atlantic Coast and the Appalachian Mountains. The geography an ...
. Attorneys general are elected for a four-year term in the year following a
presidential election. There are no
term limits restricting the number of terms someone can serve as attorney general.
Qualifications
The position of attorney general is established by Article V, Section 15 of the
Constitution of Virginia
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. Like all other state constitutions, it is supreme ...
, and they are elected for four years and serve concurrently with the
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. All candidates for attorney general must be at least thirty years old, a citizen of the United States, and have the same qualifications required of a
Virginia Circuit Court judge.
Responsibilities
The attorney general heads the Office of the Attorney General, also known as the Department of Law. The attorney general and their office have several duties and powers granted by state law. These include:
*Providing legal advice and representation in court for the Governor and the state government in general
*Providing legal advice, official opinions, to members of the
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 1 ...
and local government officials
*Defending the state in cases of criminal appeals and suits against the state
*Defending the constitutionality of state laws
*Collecting money owed to various state institutions
In order to fulfill these responsibilities, the attorney general oversees one of the largest law firms in Virginia. The full-time staff includes a chief deputy attorney general, five deputy attorneys general and about 150 assistant attorneys general, 40 additional full-time lawyers appointed as special counsel to particular agencies, and 140 legal assistants, legal secretaries and other professional support staff. The Office of the Attorney General is structured very much like a private law firm, with sections devoted to legal specialties.
The attorney general is second in the line of gubernatorial succession. Whenever there is a vacancy in the office of the
governor of Virginia, the governor is replaced by the
lieutenant governor of Virginia. However, if there is also a vacancy in the Office of Lieutenant Governor, then the attorney general becomes the governor.
List of attorneys general
Attorneys general of colonial Virginia
Records of this period are sparse. The attorney general was appointed by the King, a combination of the governor and council, or the governor or acting governor. There was no term of office, and the office may have been vacant for extended periods.
Attorneys general (1776–1857)
From 1776 to 1851, the attorney general was elected by the General Assembly, or, in case of vacancy, appointed by the governor for an undefined term. The
Virginia Constitution of 1851 introduced popular election and four-year terms. After the 1851 constitution, vacancies would be filled by the General Assembly, if they were in session, or by the governor.
Attorneys general during the Civil War and Reconstruction
Tucker served as the attorney general of Confederate Virginia throughout the
Civil War
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government polic ...
. Wheat and Bowden served as the attorneys general for
Restored Government of Virginia. From 1865 to 1870, the commanding general of the military district of Virginia appointed the office.
Attorneys general (1874–present)
References
External links
Virginia Attorney Generalofficial website
Code of Virginiaat Law.Justia.com
Virginia Attorney General Mark Herring profileat
National Association of Attorneys General
Press releasesat Virginia Attorney General
{{Virginia statewide elected officials