The Attorney General of Oklahoma is the
State Attorney General
The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney gener ...
for the state of
Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
. The attorney general serves as the chief legal and law enforcement officer of the
State of Oklahoma
Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New M ...
and head of the
Office of the Oklahoma Attorney General
The Office of the Attorney General (OAG) is an agency of the Oklahoma state government that is headed by the Attorney General of Oklahoma. The OAG is responsible for supervising the administration of justice across the State, providing legal ass ...
. The attorney general is responsible for providing legal advice to the other departments and agencies of the
executive branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state.
In poli ...
,
legislative branch
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as ...
and
judicial branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of the state government. The attorney general is also responsible for the
prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
of offenses against
Oklahoma law
Oklahoma law is the state law of Oklahoma.
Oklahoma law is based on the Oklahoma Constitution (the state constitution), which defines how the statutes must be passed into law, and defines the limits of authority and basic law that the Oklahoma ...
and advocate for the basic legal rights of Oklahoma residents.
The 19th Attorney General of Oklahoma is
John M. O'Connor. The 18th Attorney General of Oklahoma was
Mike Hunter, who assumed that post on February 20, 2017, serving until his resignation on June 1, 2021. Governor
Mary Fallin
Mary Fallin (; née Copeland; born December 9, 1954) is an American politician who served as the 27th governor of Oklahoma from 2011 to 2019. A member of the Republican Party, she was elected in 2010 and reelected in 2014. She was the first and s ...
appointed him to succeed
Scott Pruitt
Edward Scott Pruitt (born May 9, 1968) is an American lawyer, lobbyist and Republican politician from the state of Oklahoma. He served as the fourteenth Administrator of the Environmental Protection Agency (EPA) from February 17, 2017, to Jul ...
who was nominated on December 7, 2016 by
President-elect
An ''officer-elect'' is a person who has been elected to a position but has not yet been installed. Notably, a president who has been elected but not yet installed would be referred to as a ''president-elect'' (e.g. president-elect of the Unit ...
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
to be the next
Administrator of the Environmental Protection Agency
The administrator of the Environmental Protection Agency is the head of the United States Environmental Protection Agency (EPA), and is thus responsible for enforcing the nation's Clean Air and Clean Water Acts, as well as numerous other enviro ...
.
Pruitt was confirmed by the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
as EPA Administrator on February 17, 2017.
Election
The state attorney general is elected directly by the people of Oklahoma. Elections for the office are held on a four-year basis. In the event of a tie between two or more candidates, the
Oklahoma Legislature
The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 sta ...
, by joint ballot, chooses one of the candidates.
According to Article V of the
Oklahoma Constitution require, persons running for the office must be a citizen of the state, a resident of the United States for ten years, and at least thirty-one years of age.
The state attorney general's term lasts for four years and runs parallel with the term of the
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
, beginning on the first Monday in January following their election. As originally written, the
Oklahoma Constitution placed no limits on the number of terms an individual could serve as attorney general. Following the results of the
2010 state elections, the state constitution was amended to limit the attorney general to no more than two terms, consecutive or not.
Powers and responsibilities
The Attorney General is the
chief legal officer
A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department.
In a company, the person holding the position typically reports directly to the CEO, and their ...
of Oklahoma. The Attorney General's duties include the following:
*Providing legal advice and representation in court for the Governor and the state government in general
*Providing legal advice, official opinions, to the Governor and members of the Legislature
*Defending the state in cases of criminal appeals and suits against the state
*Defending the constitutionality of state laws
One primary responsibility of the Attorney General is to appear before the
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma. or the
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government. and prosecute or defend all actions and proceedings, civil or criminal, in which the state is a party. This duty extends to representing the state in any
United States federal court
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
as well. The Attorney General may also prosecute or defend the state or the people of the state when their interests are before any state commission, board or office. It is also the duty of the Attorney General to institute civil actions against members of any state board, commission, or office for failure to perform their legal duties as well as to prosecute members of any state board, commission, or office for violation of the criminal laws when such violations have occurred in connection with the performance of their official duties.
Another primary role of the Attorney General is to provide a
legal opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.
Opinions are in those jurisdic ...
upon all questions of law submitted to the Attorney General. Such questions may be submitted by the Legislature (or either branch thereof) or by any state officer, board, commission or department. However, the Attorney General may only provide a legal opinion on matter related to the official duties of the officers that submitted the question and may not act a private
attorney. However, members of the
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
and
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of senators is set at 48 by the Oklahoma Constitution.[Oklahoma State Auditor and Inspector
The Oklahoma State Auditor and Inspector is an elected Constitutional officer for the U.S. State of Oklahoma. The State Auditor and Inspector is responsible for auditing and prescribing bookkeeping standards of all government agencies and count ...]
,
Oklahoma State Treasurer
The State Treasurer of Oklahoma is the chief custodian of Oklahoma’s cash deposits, monies from bond sales, and other securities and collateral and directs the investments of those assets. The treasurer provides for the safe and efficient operat ...
, or either branch of the Legislature, the Attorney General may prosecute for any violation of any contract in which the state is interested. When requested to do so by any state officer, board or commission, the office must also prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state. If funds are illegally expended, upon the request of the Governor or the Legislature, it is the Attorney General who is responsible for instituting actions to recover such funds. This duty also extends to recovering state property and to preventing the illegal use of any state property. After collecting money owed to the state, the Attorney General must deposit all funds into the State Treasury immediately.
The Attorney General has the power to convene multi-county
grand juries
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential crime, criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or ...
.
At any time, the Legislature, or either chamber thereof, may require the Attorney General to submit a report on any business relating to the duties of the Attorney General's office.
Relationship with Governor
Though the
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
and Attorney General are elected at the same time, each is
directly elected
Direct election is a system of choosing political officeholders in which the voters directly cast ballots for the persons or political party that they desire to see elected. The method by which the winner or winners of a direct election are cho ...
. Since both are directly chosen by the voters, the relationship between the offices can vary based on the individuals who hold the offices; this can become evident when the Governor and the Attorney General are of different parties, which has become more frequent since Republicans have been making gains in statewide elections. Democratic Attorney General
Charles R. Nesbitt and Republican Governor
Henry Bellmon
Henry Louis Bellmon (September 3, 1921 – September 29, 2009) was an American Republican politician from the U.S. State of Oklahoma. A member of the Oklahoma Legislature, he went on to become both the 18th and 23rd governor of Oklahoma, mai ...
in 1963 was the first instance of this occurrence. Since then this has happened two more times: in 1987 with Republican Governor
Henry Bellmon
Henry Louis Bellmon (September 3, 1921 – September 29, 2009) was an American Republican politician from the U.S. State of Oklahoma. A member of the Oklahoma Legislature, he went on to become both the 18th and 23rd governor of Oklahoma, mai ...
and Democratic Attorney General
Robert Harlan Henry
Robert Harlan Henry (born April 3, 1953) is a former United States Circuit Judge and politician from Oklahoma, and was the 17th President of Oklahoma City University. He is a member of the Democratic Party. Henry formerly served as the Attorne ...
, in 1995 with Republican Governor
Frank Keating
Francis Anthony Keating II (initially born as David Rowland Keating) (born February 10, 1944) is an American attorney and politician who served as the 25th governor of Oklahoma from 1995 to 2003.
, Keating is one of only five governors in Okl ...
and Democratic Attorney General
Drew Edmondson
William Andrew Edmondson (born October 12, 1946), known as Drew Edmondson, is an American lawyer and politician from the state of Oklahoma. A member of the Democratic Party, Edmondson served as the 16th Attorney General of Oklahoma from 1995 t ...
.
When a Governor and Attorney General are of the same party, the relationship often becomes more collegial. However, when the Governor and Attorney General are of different parties, the relation can become somewhat adversarial. This was demonstrated when, in 2001, Governor Keating and Attorney General Edmondson were the plaintiff and defendant in the
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma. case ''
Keating v. Edmondson''.
The Governor, as the chief executive of the State, determines the budget for the entire State Government (including the Attorney General's Office). Additionally, any power or function of the Attorney General must be exercised at the direction of the Governor. Should the Attorney General refuse, the Governor has the power to employ Special Counsel to exercise the Attorney General's power for him. The
Oklahoma Secretary of Safety and Security
The Oklahoma Secretary of Public Safety is a member of the Oklahoma Governor's Cabinet. The Secretary is appointed by the Governor, with the consent of the Oklahoma Senate, to serve at the pleasure of the Governor. The Secretary serves as the chie ...
, who is appointed by the Governor and serves at his pleasure, oversees the activities of the Attorney General's Office on behald of the Governor. On the other hand,
legal opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.
Opinions are in those jurisdic ...
s issued by the Attorney General are binding on the Governor until overturned by a court of law.
Relations with District Attorneys
Though the Attorney General is the chief law enforcement officer of the State, the State's several District Attorneys (which are the primary local prosecutors of the State) are directly elected and not under the control of the Attorney General. The State is divided into 27 judicial districts, each with one District Attorney. The main purpose of the District Attorney is the prosecution of all criminal actions that occur in their district as well as representing the State in all civil actions arising out of their district. The Attorney General does not have the power to direct, stop, prevent or otherwise interfere with a District Attorney choosing to prosecute an individual or not. The primary relations between the Attorney General and the District Attorneys is that in cases appealed from the Trial Court level, the Attorney General represents the State at the Appeal Court level instead of the District Attorney.
While the Attorney General does not control local District Attorneys, he does have the power to require the aid and assistance of any District Attorney (in their respective District) on matters related to the Attorney General functions or case brought to the
Supreme Court of Oklahoma or the
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government. from their respective District. Likewise, any District Attorney may request the assistance of the Attorney General in any matter related to the District Attorney's functions. Such request must be submitted to the
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
, and; should they approve, the Governor will direct the Attorney General to assist the requesting District Attorney. There is no appeal of the Governor's decision on this matter.
Oath
"I, ........., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as Attorney General of the State of Oklahoma to the best of my ability."
Office-holders
;Parties
References
External links
Oklahoma Attorney Generalofficial website
Oklahoma Statutesat Law.Justia.com
U.S. Supreme Court Opinions - "Cases with title containing: State of Oklahoma"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. ...
Oklahoma Bar AssociationOklahoma Attorney General Scott Pruitt profileat
National Association of Attorneys GeneralPress releasesat Oklahoma Attorney General
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State law enforcement agencies of Oklahoma