The Office of the Missouri Attorney General was created in 1806 when Missouri was part of the
Louisiana Territory
The Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805, until June 4, 1812, when it was renamed the Missouri Territory. The territory was formed out of the ...
. Missouri's first Constitution in 1820 provided for an appointed attorney general, but since the 1865 Constitution, the
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
has been elected.
As of January 2021, there have been 43
attorneys general in Missouri.
Eric S. Schmitt was appointed to become the 43rd Attorney General in January 2019 filling the mid-term vacancy created by
Josh Hawley
Joshua David Hawley (born December 31, 1979) is an American politician and lawyer who has served as the junior United States senator from Missouri since 2019. A member of the Republican Party, Hawley served as the 42nd attorney general of Mi ...
's
election
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has opera ...
to the United States Senate. Following Schmitt's
2022 election to Missouri's other United States Senate seat, his successor as attorney general will be appointed by Governor
Mike Parson
Michael Lynn Parson (born September 17, 1955) is an American politician serving as the 57th governor of Missouri since 2018. A member of the Republican Party, Parson served in the Missouri House of Representatives from 2005 to 2011 and in the ...
.
By law, the attorney general is a member of the Board of Fund Commissioners, the Board of Public Buildings, the Governor's Committee on Interstate Cooperation, the Missouri Highway Reciprocity Commission and the Missouri Housing Development Commission.
Offices of the Attorney General are located throughout the state of
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
with the main office being in the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
building in
Jefferson City
Jefferson City, informally Jeff City, is the capital of Missouri, United States. It had a population of 43,228 at the 2020 census, ranking as the 15th most populous city in the state. It is also the county seat of Cole County and the principa ...
.
Attorney for the State
The Missouri Attorney General is the attorney for the state, representing the legal interests of Missouri and its state agencies.
As the state's chief legal officer, the attorney general must prosecute or defend all appeals to which the state is a party, including every felony criminal case appealed to the
Supreme Court of Missouri
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give ...
and
Missouri Court of Appeals
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court handles most of the appeals from the Missouri Circuit Courts. The court is divided into three geographic districts: Eastern (based in St. ...
. The attorney general also is required to institute, in the name and on behalf of the state, all civil suits and other proceedings that are necessary to protect the state's rights, interests, or claims. The attorney general may appear, interplead, answer or defend any proceedings that involve the state's interests, or appear on behalf of the state in declaratory judgment proceedings when the constitutionality of a statute is challenged.
The attorney general also renders officia
opinionsto the executive and legislative branch and the county prosecuting attorneys on questions of law relating to their duties. The attorney general may institute
quo warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
proceedings against anyone unlawfully holding office or move to oust any public official for malfeasance in office.
To fulfill these and other responsibilities, the attorney general's office is organized into eight divisions.
Divisions of the Attorney General
Agriculture and Environment Division
The mission of the Agriculture and Environment Division is to "protect Missouri's natural resources and agricultural productivity."
Attorneys shall take legal action to stop pollution of the state's air, water and soil and penalize polluters through fines, penalties and, in the most serious cases, incarceration.
The attorney general has taken action in recent years to protect the state's interests in management of the
Missouri River. Legal battles over the Missouri River often pit Missouri against states that are upstream (specifically
North Dakota
North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...
and
South Dakota
South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...
) and the
U.S. Army Corps of Engineers
, colors =
, anniversaries = 16 June (Organization Day)
, battles =
, battles_label = Wars
, website =
, commander1 = ...
.
Beginning in 2006, the attorney general became involved in the controversial Taum Sauk reservoir disaster when, as special prosecutor, he filed a lawsuit against the state's largest utility company asking it be ordered to pay compensation and punitive damages after the release of more than a billion gallons of water from the ruptured mountain-top reservoir caused extensive damage to the nearby east fork of the Black River and Johnson Shut-ins State Park
Other legal battles have included the waterways of the White River basin and Missouri's Church Mountain.
Consumer Protection Division
The attorney general has the responsibility of protecting the public's interests in an open and honest marketplace. The
Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
Division enforces Missouri's Consumer Protection Act and antitrust laws, and has the responsibility of representing the commissioner of securities of the secretary of state's office. Missouri's consumer protection statutes prohibit deception, fraud, unfair practices and misrepresentation or concealment of material facts in the sale or advertisement of goods or services. These laws authorize the attorney general to take action against such fraud and ensure that consumers' rights are protected.
Consumers ma
file complaintsagainst businesses and individuals with the attorney general. More than 90,000 consumer complaints and inquiries each year are submitted to the attorney general. Many of those complaints are resolved through mediation by the AG. In cases where a company's actions have been determined to be in violation of Missouri's consumer protection law, complaints lead to legal action. Some complaints are frivolous. Missouri residents may file complaints against any business entity and non-Missouri residents may file complaints against Missouri businesses. Complaints are available fo
searchingby the public.
Under the Missouri Antitrust Law, the attorney general has the authority to represent the state or any of its political subdivisions, public agencies, school districts or municipalities in actions to prohibit monopolies and trade restraints. The attorney general also may act under federal antitrust statutes to bring civil actions in the name of the state and on behalf of Missouri residents to recover damages for injuries caused by certain antitrust violations.
The attorney general is the state's chief prosecutor for securities fraud, and may initiate legal actions for civil injunctive relief, penalties and restitution under the Missouri Merchandising Practices Law. Attorneys in this division also protect Missourians by enforcing compliance with state laws by trusts, foundations and nonprofit corporations.
The attorney general also administers Missouri'
No Callprogram. The No Call program was designed to reduce unwanted telemarketing calls and has become a model for other states. Persons ma
registerMissouri residential phone lines
lookupwhether a phone number has been registered an
file a complaint against a telemarketer
The division also has an active consumer education program. The Attorney General's Office has man
publications for consumerson topics ranging from adoption to landlord-tenant law and also offers a general guide to consumer entitled,
Know Your Rights. All publications may be ordered and the cost is free.
The Missouri Attorney General was the first attorney general in the United States t
blog That blog is a consumer education blog published by members of the Consumer Protection division and is part of a larger consumer education effort that includes
consumer encyclopediaonline calculatorsquizzesan
worksheets
Criminal Division
The attorney general represents the state in every felony case appealed to the Supreme Court of Missouri and Missouri Court of Appeals. Each year, attorneys in the Criminal Division brief and argue more than 700 cases in the Missouri Court of Appeals and the Supreme Court of Missouri. Division attorneys also assist with extraditions to and from Missouri of those charged in criminal cases.
Financial Services Division
The Financial Services Division protects Missourians by recouping money owed to the state or state agencies, including providing collection services to several divisions of the attorney general's office and more than 40 other state agencies. Division attorneys also take legal action to establish and maintain child support obligations, and work to recover money owed by inmates to reimburse the state for the cost of their care.
Governmental Affairs Division
The Governmental Affairs Division "protects the safety and well-being of Missourians by ensuring that regulated professionals adhere to state laws and disciplinary rules, by enforcing state ethics and campaign finance laws, and by removing caregivers who abuse or neglect vulnerable citizens".
It also charged with helping mentally ill and physically challenged Missourians obtain guardians to help get care. Division attorneys also help Missourians seek redress for claims of discrimination based on race, color, religion, national origin, ancestry, gender, disability, age and familial status.
The division provides legal representation to several state agencies, including the departments of Health and Senior Services, Revenue and Social Services; the Missouri Ethics Commission; and more than 30 professional licensing boards, including the Board of Registration for the Healing Arts, which regulates the practice of medicine.
Division attorneys enforce the provisions of the tobacco
Master Settlement Agreement
The Tobacco Master Settlement Agreement (MSA) was entered on November 23, 1998, originally between the four largest United States tobacco companies ( Philip Morris Inc., R. J. Reynolds, Brown & Williamson and Lorillard – the "original participa ...
, which has brought in more than $1.2 billion to the state as of 2007. Attorneys in the division also address questions from the public, from government officials and from the media about Missouri's open meetings and records law, commonly known as the
Sunshine Law.
Labor Division
The Labor Division provides general counsel and litigation services for the Missouri Department of Labor and Industrial Relations and its officers and agencies. The division also represents the state in prevailing wage disputes, crime victims' claims and workers' compensation cases of state employees, including claims involving the Second Injury Fund.
Litigation Division
Litigation Division attorneys handle major and complex litigation for Missouri, providing legal defense to state agencies and their employees. Cases in the division include damage claims, contract actions, class‑action lawsuits, employment issues, constitutional challenges and other types of civil litigation. The division also defends the state in lawsuits brought by inmates of Missouri's correctional facilities. Division attorneys also defend constitutional challenges to state laws and ballot issues.
Public Safety Division
The Public Safety Division is involved in a wide range of criminal prosecutions at the trial level. The division's special prosecution unit prosecutes or assists in the prosecution of cases throughout Missouri, many of them homicide cases. In 2006, division attorneys handled 794 special prosecutions in 94 of the state's 114 counties. The meth prosecution unit specializes in handling criminal cases involving the manufacture, sale or possession of
methamphetamine
Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug and less commonly as a second-line treatment for attention deficit hyperactivity disorder and obesity. Methamph ...
.
The workers' compensation fraud unit prosecutes fraud or misconduct involving workers' compensation, and the Medicaid fraud control unit prosecutes cases involving fraud of the state Medicaid program by health professionals, or abuse or neglect of Medicaid recipients by caregivers.
The division's high technology and computer crime unit assists local law enforcement with investigations and prosecutions of computer and Internet crime cases.
The sexually violent predator unit seeks the civil commitment of sexual predators who suffer from a mental abnormality making them more likely than not to commit additional predatory acts of sexual violence.
Attorneys in the division also serve as legal counsel for the Department of Public Safety, the Missouri State Highway Patrol, the Missouri State Water Patrol and other state law enforcement agencies, and represent those agencies in all civil litigation in which they are a party.
Division attorneys also defend the state in all habeas corpus actions filed by prison inmates in state and federal courts. Each year they litigate some 500 federal habeas corpus actions in the federal district courts, the
Eighth Circuit Court of Appeals
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts:
* Eastern District of Arkansas
* Western Distr ...
, and the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.
See also
*
Attorney general
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
*
List of attorneys general of Missouri
The individuals listed below have all served in the position of Missouri Attorney General.
List
;Parties
{, class=wikitable
!#
!Name
!Party
!Term
, -
, 1
, Edward Bates
, Democratic-Republican
, 1820–1821
, -
, 2
, Rufus Easton
, Democr ...
Notable attorneys general from Missouri
*
Jay Nixon
Jeremiah Wilson "Jay" Nixon (born February 13, 1956) is an American lawyer and politician who served as the 55th Governor of Missouri from 2009 to 2017. A member of the Democratic Party, he was first elected to the governorship in 2008 and reel ...
(1993–2009) – longest serving at 16 years,
Governor of Missouri
A governor is an politician, administrative leader and head of a polity or Region#Political_regions, political region, ranking under the Head of State, head of state and in some cases, such as governor-general, governors-general, as the head of ...
*
John Ashcroft
John David Ashcroft (born May 9, 1942) is an American lawyer, lobbyist and former politician who served as the 79th U.S. Attorney General in the George W. Bush administration from 2001 to 2005. A former U.S. Senator from Missouri and the 50th ...
(1977–1985) –
Attorney General of the United States
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
under
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
,
United States Senator
The United States Senate is the Upper house, upper chamber of the United States Congress, with the United States House of Representatives, House of Representatives being the Lower house, lower chamber. Together they compose the national Bica ...
, Governor of Missouri
*
John Danforth
John Claggett Danforth (born September 5, 1936) is an American politician, attorney and diplomat who began his career in 1968 as the Attorney General of Missouri and served three terms as United States Senator from Missouri. In 2004, he served br ...
(1969–1977) –
United States Ambassador to the United Nations, United States Senator
*
Thomas Eagleton
Thomas Francis Eagleton (September 4, 1929 – March 4, 2007) was an American lawyer serving as a United States senator from Missouri, from 1968 to 1987. He was briefly the Democratic vice presidential nominee under George McGovern in 1972. H ...
(1961–1965) –
Democratic vice presidential nominee, United States Senator
*
John M. Dalton (1953–1961) – Governor of Missouri
*
Herbert S. Hadley (1905–1909) – Governor of Missouri and chancellor of
Washington University in St. Louis
Washington University in St. Louis (WashU or WUSTL) is a private research university with its main campus in St. Louis County, and Clayton, Missouri. Founded in 1853, the university is named after George Washington. Washington University is r ...
*
Thomas T. Crittenden (1864) – Governor of Missouri who authorized a reward for the capture of
Jesse James
Jesse Woodson James (September 5, 1847April 3, 1882) was an American outlaw, bank and train robber, guerrilla and leader of the James–Younger Gang. Raised in the " Little Dixie" area of Western Missouri, James and his family maintained stro ...
*
J. Proctor Knott (1858–1861) –
Governor of Kentucky
The governor of the Commonwealth of Kentucky is the head of government of Kentucky. Sixty-two men and one woman have served as governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-el ...
*
Edward Bates
Edward Bates (September 4, 1793 – March 25, 1869) was a lawyer and politician. He represented Missouri in the US House of Representatives and served as the U.S. Attorney General under President Abraham Lincoln. A member of the influential ...
(1820–1821) – Attorney General of the United States under
Abraham Lincoln
Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
External links
Missouri Attorney Generalarticles at ''ABA Journal''
at
FindLaw
FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. ...
*
ttp://law.justia.com/codes/missouri/ Missouri Revised Statutesat Law.Justia.com
U.S. Supreme Court Opinions - "Cases with title containing: State of Missouri"at
FindLaw
FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. ...
The Missouri BarMissouri Attorney General Eric Schmitt profileat
National Association of Attorneys General
*Publications by or abou
Missouri Office of the Attorney Generalat Internet Archive.
References
*Office of the Attorney General
Official Manual of the State of Missouri p. 72–77.
{{Missouri year nav
*