The attorney general for the District of Columbia is the chief legal officer of the District of Columbia. While attorneys general previously were appointed by the mayor, District of Columbia voters approved a charter amendment in 2010 that made the office an elected position beginning in 2015. The current Attorney General is Brian Schwalb, who has served since January 2, 2023.
From Congress's creation of Washington, D.C.'s municipal government in 1802 until 1824, it did not have a city attorney position. Various local attorneys were retained for particular matters, including Francis Scott Key, best known as the author of the text of The Star-Spangled Banner, who was paid $60 in 1820 for legal services.[1]
In 1824, the elected city council created the early precursor to the attorney general, then called the City Attorney, for Washington, which was at the time a separate city from Georgetown and the rest of the district. Richard Wallach was the first city attorney, serving from July 1, 1824, to June 30, 1830, and paid $100 per year. The position was appointed by the mayor, who was at the time appointed by the president of the United States. When the city's charter was reorganized by Congress into a unified District in 1871, the position was renamed to Attorney for the District of Columbia and appointed by the governor and later the Board of Commissioners. It was briefly renamed City Solicitor in 1901, but became Corporation Counsel the next year.[1]
The District of Columbia Home Rule Act of 1973 by Congress brought the district a democratically elected mayor. The chief legal officer was still the corporation counsel, but the mayor was given the power to appoint him or her.[2]
On May 26, 2004, Mayor Anthony A. Williams signed an executive order that changed the name of the office to Attorney General without making any substantive changes to its responsibilities or functions.[3]
Elected position
In the November 2, 2010, general election, voters approved Charter Amendment IV that made the office of Attorney General an elected position.
In July 2012,[6] the District of Columbia council voted to postpone the election of attorney general to 2018, citing a dispute over how much power the elected attorney general would have. Council Chairman Phil Mendelson called the vote "an embarrassment."[6]
In September 2013, Paul Zukerberg filed suit against the District of Columbia Council and the city elections claiming any delay would violate the District charter — which was amended through the 2010 ballot question to provide for the election of the city’s top lawyer.[6] Attorney General Irv Nathan initially argued that Zukerberg was not suffering any “meaningful hardship” from pushing back the election.[7]
On February 7, 2014, a District of Columbia Superior Court judge ruled that ballots for the April 1 primary could be printed without the Attorney General race.[8] Zukerberg appealed the ruling, declaring himself a candidate and arguing that he would suffer "irreparable harm" if the election were postponed.[9][10]
On June 4, 2014, the District of Columbia Court of Appeals overturned the lower court's decision. The Court held "that the Superior Court's interpretation was incorrect as a matter of law" and reversed. The Court ruled that the original language in the Elected Attorney General Act is ambiguous in stating the election "shall be after January 1, 2014," and that the attorney general referendum ratified by a majority of District of Columbia voters in 2010 made it seem as though the election would take place in 2014.[11] On June 13, Zukerberg collected nominating petitions.[12]
Joining Zukerberg as candidates for the position were insurance litigator and activist Lorie Masters, federal lawyer Edward "Smitty" Smith, white-collar attorney Karl Racine, and legislative policy analyst Lateefah Williams.[7][13][14][15] Racine secured a plurality victory, winning 36% of the votes cast, and was sworn in as the first elected Attorney General in January 2015.[16][17][18]
List of officeholders
In 1824, the position of City Attorney was established by resolution of the City Council. When the District of Columbia took on the territorial form of government on July 1, 1871, the position of Attorney for the District of Columbia was established by the First Legislative Assembly.[1] In 1901, the position title was changed to City Solicitor, and in 1902, the title was changed to Corporation Counsel, which it remained until 2004. In 2004, the office's name was changed from Corporation Counsel to Attorney General by Mayor's Order 2004-92, May 26,[19] making Robert Spagnoletti the only person to hold both titles.[citation needed]
▌2 Unknown (2 territories) An asterisk (*) indicates that the officeholder is serving in an acting capacity. State abbreviations link to position articles.
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