Attorney General of Georgia

Last updated
Attorney General of Georgia
Flag of the State of Georgia.svg
Christopher M. Carr.jpg
since November 1, 2016
Georgia Department of Law
TypeChief law enforcement officer
Reports to Governor of Georgia
Term length Four years, no limit
Constituting instrument Constitution of Georgia
Formation1754
First holder William Clifton
Website law.ga.gov

The attorney general of Georgia is a statewide elected attorney and legal advisor for the executive branch of the U.S. state of Georgia. They are a constitutional officer responsible for providing opinions on legal questions concerning the state, prosecuting public corruption cases, overseeing contracts on behalf of the state, representing the state in all civil cases, in all capital felony appeals, in all cases appearing before the Supreme Court of the United States, and leading the Georgia Department of Law. They may also initiate civil or criminal actions on behalf of the State of Georgia when requested to do so by the governor. [1]

Contents

The office dates back to Georgia's colonial history, with the first attorney general, William Clifton, being appointed by King George II in 1754. The attorney general is elected to a four-year term at the same time as elections are held for governor of Georgia and other offices.

The current attorney general of Georgia is Christopher M. Carr. Carr was appointed by Governor Nathan Deal following the resignation of Sam Olens, who was officially appointed to the office of president of Kennesaw State University on November 1, 2016. Carr completed Olens' unexpired term, which expired in January 2019. Carr was re-elected to a four-year term in Georgia's 2018 statewide elections and was reelected in the 2022 Georgia statewide elections.

History

The office of attorney general originated during Georgia's royal colony period. The prominent English attorney William Clinton was appointed as the first "attorney for the State" by King George II in 1754. [2] Clifton served in this position until 1764, and until 1777 continued to be appointed by the king. The office was officially established in the state's first constitution of 1777, where it was referenced as one of the officers which should be present in front of the Supreme Court of Georgia when it was sitting. In this Constitution, if the attorney for the State was not present, the justices collectively appointed a new one pro tempore for that session. [3]

The name of "attorney general" was first constitutionally referenced in the constitution of 1789. [4] The constitution of 1868 first officially established the office and term, designating it as an appointed office. [5] :23 The constitution of 1877 subsequently established the office as an elective position, and synchronized its term with that of the Governor. [6]

The Georgia Department of Law was officially established by the Georgia General Assembly in 1931 to assist the attorney general in their duties. [7] It was also given the jurisdiction to handle all "matters of law relating to every department of the State other than the Judicial and Legislative branches thereof." Interestingly, the act also prohibited state agencies and boards from employing their own counsel. The department was also tasked with assisting the General Assembly with all legal matters until 1959, when the legislature established the Office of Legislative Counsel.

In modern times, the office of the attorney general has a much more constrained jurisdiction, with a large function of the office being in providing legal advice through official and unofficial opinions. The office does still take over investigations and prosecution efforts when deemed of special importance.

Qualifications and Term

Article V, Section III, Paragraph I, of the Constitution of Georgia establishes the elected nature of the office, and its four year term of office. Paragraph II provides that, to be eligible for the office of attorney general, an individual needs to meet the following qualifications:

Duties and Powers

Article V, Section III, Paragraph IV, of the Constitution of Georgia provides that "[t]he Attorney General shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall be required by law." According the statute, the general duties of the attorney general are as follows:

The attorney general is also given the authority to:

As is established by law, the attorney general cannot investigate or issue subpoenas against any member of the General Assembly while it is in session, and can be investigated by the Governor or General Assembly.

List of attorneys general, 1754–present

[11]

Pre-statehood

#ImageNameTerm of service
1William Clifton1754–1764
2Charles Pryce1764–1776
3Williams Stephens1776–1780
4 Milledge.jpg John Milledge 1780–1781
5 Samuel Stirk 1781–1785
6 Nathaniel Pendleton 1785–1786
7 Matthew McAllister 1787–1788

Post-statehood

#ImageNameTerm of servicePolitical party
7 Matthew McAllister 1788–1791
8George Walker1792–1795
9 Davidbrydiemitchell.jpg David Brydie Mitchell 1796–1806 Democraticic-Republican
10Robert Walker1807–1808
11John Hamil1808
12 John Forsyth US Secretary of State.jpg John Forsyth 1808–1811Democratic-Republican
13Alexander M. Allen1811
14 RichardHenryWilde.jpg Richard H. Wilde 1811–1813Democratic-Republican
15Alexander M. Allen1813–1816
16Roger Lawson Gamble1816–1822
17Thomas F. Wells1822–1827
18 GeorgeWCrawford.jpg George W. Crawford 1827–1831 Whig
19 CharJenkins.jpg Charles Jones Jenkins 1831–1834Democratic
20Ebenezer Starnes1834–1840
21James Gardner1840–1843
22John J. R. Flournoy1843–1847
23Alpheus Colvard1847–1851
24 John Troup Shewmake 1851–1855
25William R. McLaws1855–1859
26Alpheus M. Rogers1859–1861
27Winder P. Johnson1861
28William Watts Montgomery1861–1865
29 George Thomas Barnes (1833-1901).png George T. Barnes 1865–1866Democratic
30John Philpot Curren Whitehead1866–1868
31Henry P. Farrow1868–1872Republican
32 Nathaniel Job Hammond (1833-1899).png Nathaniel Job Hammond 1872–1877Democratic
33Robert N. Ely1877–1880Democratic
34 Clifford Anderson.png Clifford Anderson 1880–1890Democratic
35 George N. Lester 1890–1891Democratic
36 Judge William A. Little.png William A. Little 1891–1892Democratic
37 JosephMTerrell.jpg Joseph M. Terrell 1892–1902Democratic
38 Boykin Wright.jpg Boykin Wright1902Democratic
39John C. Hart1902–1910Democratic
40Hewlett A. Hall1910–1911Democratic
41Thomas S. Felder1911–1914Democratic
42 Warren Grice.png Warren Grice1914–1915Democratic
43 GovernorCliffWalker (3x4).jpg Clifford Walker 1915–1920Democratic
44R. A. Denny1920–1921Democratic
45 George M Napier 1911-1912.jpg George M. Napier 1921–1932Democratic
46Lawrence S. Camp1932Democratic
47M. J. Yeomans1933–1939Democratic
48 Ellis Arnall cropped.png Ellis G. Arnall 1939–1943Democratic
49 T. Grady Head 1943–1945Democratic
50 Eugene Cook (Georgia judge).png Eugene Cook 1945–1965Democratic
51 Uncle Arthur.jpg Arthur K. Bolton 1965–1981Democratic
52 Mike Bowers.jpg Michael J. Bowers 1981–1997Democratic (1981–94)/Republican (1994–97)
53 Zell Miller and Thurbert Baker (cropped).jpg Thurbert E. Baker 1997–2011Democratic
54 Attorney Sam Olens.jpg Samuel S. Olens 2011–2016Republican
55 Christopher M. Carr.jpg Christopher M. Carr 2016–presentRepublican

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References

  1. "Duties". Office of Attorney General of Georgia Chris Carr. Retrieved 2023-04-02.
  2. "Attorney General". New Georgia Encyclopedia. Retrieved 2025-01-29.
  3. "Constitution of Georgia; February 5, 1777". avalon.law.yale.edu. February 5, 1777. Retrieved 2025-01-29.
  4. "Georgia Constitution of 1789". founding.com. Retrieved 2025-01-29.
  5. "Georgia Constitution of 1868 as amended through 1877". December 20, 1868. Retrieved January 29, 2025.
  6. "1877 Georgia Constitution" (PDF). 1877. Retrieved January 29, 2025.
  7. "Acts and resolutions of the General Assembly of the state of Georgia 1931 [volume 1] - Digital Library of Georgia". dlg.usg.edu. Retrieved 2025-01-29.
  8. "O.C.G.A § 45-15-4 - Attorney General authorized to employ private counsel". Justia Law. Retrieved 2025-01-29.
  9. "O.C.G.A § 45-15-17 - Power to conduct investigations generally; issuance and enforcement of subpoenas". Justia Law. Retrieved 2025-01-29.
  10. "O.C.G.A § 45-15-30 - Created; assistants, deputies, and other personnel; determination of duties, salaries, and promotions; limitation on private practice of law; disclosure requirement for assistant attorney general representing criminal defendant". Justia Law. Retrieved 2025-01-29.
  11. "History | Office of Attorney General Chris Carr". law.ga.gov. Retrieved 2016-11-01.