Attorney General of Mississippi

Last updated
Attorney General of Mississippi
Seal of the Attorney General of Mississippi.jpg
Seal of the attorney general
White House Meeting on Protecting Consumers from Social Media Abuse (50380288396) (cropped).jpg
Incumbent
Lynn Fitch
since January 9, 2020
Term length 4 years
Formation1818
First holderLyman Harding
Salary$108,960 annually
Website ago.state.ms.us

The attorney general of Mississippi is a statewide elected office in the U.S. state of Mississippi. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and bringing lawsuits on behalf of the state. They serve a four-year term with no term limits.

Contents

The office was created by 1817 Constitution of Mississippi as a legislatively-elected position with a one-year term. In 1832 the office was made popularly-elective and the term was extended. All attorneys general from 1878 to 2020 were Democrats. The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020.

History

The 1817 Constitution of Mississippi provided for an attorney general to be elected by the Mississippi State Legislature for a one-year term. [1] The legislature elected Mississippi's first attorney general, Lyman Harding, on January 21, 1818. [2] Under the constitution of 1832, the term was extended to four years and the officer was made popularly-elective. [3]

The 1890 state constitution maintained the attorney general of Mississippi as a popularly-elected executive official with a four-year term. [4] The document also made the officer an ex officio member of the State Board of Education. In 1982 the constitution was amended, removing the attorney general from the board effective July 1, 1984. [5] From 1878 until 2020, all Mississippi attorneys general were Democrats. [6] [7] The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020. She is the first woman to hold the position. [8]

Powers and responsibilities

Like the seats in the Mississippi State Legislature and the other seven statewide-elected offices, the Mississippi attorney general is popularly elected every four years in the November preceding a United States presidential election year. [9] There are no term limits for the holder of the office. [10] Candidates for the office must meet the same constitutional qualifications as candidates for circuit court and chancery court judges; [11] they must be at least 26 years old, have lived in the state for at least five years, and have practiced law for at least five years. [12] The attorney general's salary is determined by law. [11] It is currently fixed at $108,960 per year, but is set to increase to $150,000 annually in 2024. [13]

The attorney general is the chief legal officer of the state and serves as the state's lawyer, [14] representing its agencies, boards, and commissions in legal capacities. [15] The attorney general's office also represents district attorneys and local judges in civil litigation, [16] though it is forbidden by law from providing counsel to defendants in criminal cases. [17] Only their office can bring or defend a lawsuit on behalf of the state, [14] though they may retain private counsel to work on their own behalf in such instances. [18] They are also empowered to appoint special investigations and prosecutors to try criminal cases on behalf of the state, and may—at their own discretion—assume responsibility for the prosecution of a crime in the event a local district attorney recuses themselves from proceedings. [19] The attorney general is responsible for appointing the state's solicitor general. [20] [21] [lower-alpha 1] They are empowered by law to issue advisory opinions on questions of state law to statewide elected officials, legislators, state agencies, judges, and some local officials. [22] [23] They can also exercise powers under common law. [11]

The Office of the Attorney General of Mississippi is split into 16 divisions. [14] The main facilities of the attorney general and their staff are located in Jackson, though a satellite office is maintained in Biloxi and another is planned to be opened in Oxford. [24] As of February 2023, the agency employs about 300 people, including attorneys and law enforcement officers. [25]

List of attorneys general

Attorneys General
No.Attorney GeneralTerm in officePartySource
1Lyman Harding1818 –1820Democrat-Republican [26]
2 Edward Turner 1820 –1821Democrat-Republican [26]
3 Thomas Buck Reed.jpg Thomas Buck Reed 1821 –1825Democrat-Republican [26]
4 Richard Stockton 1825 –1828Jacksonian Democrat [26]
5 George Adams 1828 –1829Jacksonian Democrat [26]
6 Robert H. Buckner 1829 –1830Democratic [26]
7 R. M. Gaines 1830 –1834Democratic [26]
8 M. D. Patton 1834 –1837Democratic [26]
9 T. F. Collins 1837 –1841Democratic [26]
10 John D. Freeman 1841 –1850Democratic [26]
11 David C. Glenn 1850 –1857Democratic [26]
12 T. J. Wharton 1857 –1865Democratic [26]
13 CharlesEHooker.jpg Charles E. Hooker 1865 –1868Democratic [26]
14Jasper Myers1868 –1870Democratic [26]
15 Joshua S. Morris 1870 –1874Republican [26] [27]
16 GeorgeEHarris.jpg George E. Harris 1874 –1878Republican [26]
17 Thomas Clendinen Catchings, United States Representative from Mississippi (1893).jpg Thomas C. Catchings 1878 –1885Democratic [26]
18 Thomas S. Ford 1885 –1886Democratic [26]
19 T. Marshall Miller 1886 –1893Democratic [26]
20 Frank Johnston 1893 –1896Democratic [26]
21 Wiley N. Nash.jpg Wiley N. Nash 1896 –1900Democratic [26]
22 Monroe McClurg, Mississippi Attorney General.jpg Monroe McClurg 1900 –1903Democratic [26]
23 William Williams, Mississippi Attorney General.jpg William Williams 1903 –1907Democratic [26]
25 Robert Virgil Fletcher.jpg Robert Virgil Fletcher 1907 –1908Democratic [26]
26 J. Bowman Sterling.jpg J. Bowman Sterling 1908 –1910Democratic [26]
27 S. S. Hudson, Missisisppi Attorney General.png Shepherd Spencer Hudson 1910 –1912Democratic [26]
28 RossACollins.jpg Ross A. Collins 1912 –1920Democratic [26]
29 Frank Roberson.jpg Frank Roberson 1920 –1923Democratic [26]
30 Judge Clayton D. Potter.png Clayton D. Potter 1923 –1924Democratic [26]
31 Rush Knox.jpg Rush Hightower Knox 1924 –1928Democratic [26]
32 George T. Mitchell.jpg George T. Mitchell 1928 –1932Democratic [26]
33 Judge Greek L. Rice.jpg Greek Lent Rice 1932 –1950Democratic [26]
34 J. P. Coleman, Mississippi Attorney General.jpg James P. Coleman 1950 –1956Democratic [26]
35 Joseph Turner Patterson.png Joseph Turner Patterson 1956 –1969Democratic [26]
36 AF Summer.jpg A. F. Summer 1969 –1980Democratic [26]
37 William Allain (1985) (cropped).png William Allain 1980 –1984Democratic [26]
38 Edwin L. Pittman.jpg Edwin L. Pittman 1984 –1988Democratic [26]
39 Mike Moore 1998.jpg Mike Moore 1988 –2004Democratic [26]
40 Jim Hood 2014 (cropped).jpg Jim Hood 2004 –2020Democratic [26]
41 White House Meeting on Protecting Consumers from Social Media Abuse (50380288396) (cropped).jpg Lynn Fitch 2020 –presentRepublican [26]

Notes

  1. ↑ State law does not explicitly authorize or recognize the position of solicitor general, but Attorney General Lynn Fitch created the job shortly after assuming office in 2020 to lead appellate activities. [21]

Related Research Articles

<span class="mw-page-title-main">Governor of Mississippi</span>

The governor of Mississippi is the head of government of Mississippi and the commander-in-chief of the state's military forces. The governor has a duty to enforce state laws, and the power to either approve or veto bills passed by the Mississippi Legislature, to convene the legislature at any time, and, except in cases of treason or impeachment, to grant pardons and reprieves.

<span class="mw-page-title-main">Mississippi State Treasurer</span> Mississippian political position

State Treasurer of Mississippi is a post created in 1817 when the state was admitted to the Union. Before the state was formed by splitting the Alabama Territory from the Mississippi Territory, an equivalent post was the Territorial Treasurer General, established in 1802.

<span class="mw-page-title-main">Mississippi Legislature</span> Legislative branch of the state government of Mississippi

The Mississippi Legislature is the state legislature of the U.S. state of Mississippi. The bicameral Legislature is composed of the lower Mississippi House of Representatives, with 122 members, and the upper Mississippi State Senate, with 52 members. Both representatives and senators serve four-year terms without term limits. The Legislature convenes at the Mississippi State Capitol in Jackson.

<span class="mw-page-title-main">Lieutenant Governor of Mississippi</span> Statewide vice-executive officer of the U.S. state of Mississippi

The lieutenant governor of Mississippi is the second-highest ranking elected executive officer in the U.S. state of Mississippi, below the governor of Mississippi, and is the only official in the state to be a member of two branches of state government. The office of lieutenant governor was established when Mississippi became a state in 1817, abolished for a few decades in the first half of the 19th century, and restored later in the century. The lieutenant governor serves a four-year term with a two consecutive term limit. The current lieutenant governor is Delbert Hosemann, a Republican, who has held the office since 2020.

<span class="mw-page-title-main">North Carolina Attorney General</span> Attorney general for the U.S. state of North Carolina

The attorney general of North Carolina is a statewide elected office in the U.S. state of North Carolina. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and leading the North Carolina Department of Justice. The incumbent attorney general, Josh Stein, assumed office on January 1, 2017. The position of attorney general dates back to North Carolina's colonial history. North Carolina's 1776 constitution established the office as an official appointed by the North Carolina General Assembly. The state's 1868 constitution made the attorney general an elected executive official with their duties prescribed by law. Since 1971, the officer has sat on the North Carolina Council of State.

<span class="mw-page-title-main">Attorney General of Virginia</span> Attorney general for the U.S. state of Virginia

The attorney general of Virginia is an elected constitutional position that holds an executive office in the government of Virginia. 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.

<span class="mw-page-title-main">Tate Reeves</span> American politician (born 1974)

Jonathan Tate Reeves is an American politician serving since 2020 as the 65th governor of Mississippi. A member of the Republican Party, Reeves served as the 32nd lieutenant governor of Mississippi from 2012 to 2020 and as the 53rd Mississippi State Treasurer from 2004 to 2012.

<span class="mw-page-title-main">State Auditor of Mississippi</span> Elected official in the executive branch of Mississippis state government

The state auditor of Mississippi is an elected official in the executive branch of Mississippi's state government. The duty of the state auditor is to ensure accountability in the use of funds appropriated by the state legislature by inspecting and reporting on the expenditure of the public funds.

<span class="mw-page-title-main">Delbert Hosemann</span> 33rd Lieutenant Governor of Mississippi

Charles Delbert Hosemann Jr. is an American politician and attorney who has been the lieutenant governor of Mississippi since January 2020. From 2008 to 2020, he served as the secretary of state of Mississippi.

<span class="mw-page-title-main">Secretary of State of South Carolina</span> Elected position

The Secretary of State of South Carolina is an elected constitutional officer in the executive branch of government of the U.S. state of South Carolina. The secretary of state is the chief clerk of state government in South Carolina and is responsible for registering businesses and trademarks, regulating charities, authorizing cable franchises, commissioning notaries public, and serving as the filing office for municipal records..

<span class="mw-page-title-main">Secretary of State of Mississippi</span>

The Mississippi secretary of state is an officer of Mississippi originally established under the Article IV, §14 of Mississippi Constitution of 1817, and was reestablished under Article V, §133 of the Mississippi Constitution of 1890.

<span class="mw-page-title-main">Government of Mississippi</span>

The Government of Mississippi is the government of the U.S. state of Mississippi. Power in Mississippi's government is distributed by the state's Constitution between the executive and legislative branches. The state's current governor is Tate Reeves. The Mississippi Legislature consists of the House of Representatives and Senate. Mississippi is one of only five states that elects its state officials in odd numbered years. Mississippi holds elections for these offices every four years in the years preceding Presidential election years.

<span class="mw-page-title-main">Supreme Court of Mississippi</span> Highest court in the U.S. state of Mississippi

The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was established in 1818 per the terms of the first constitution of the state and was known as the High Court of Errors and Appeals from 1832 to 1869. The court is an appellate court. The court consists of nine justices elected in nonpartisan contests from three districts to serve eight-year terms. The most senior justice serves as the chief justice. It is housed in the Carroll Gartin Justice Building in Jackson, Mississippi, the state capital.

<span class="mw-page-title-main">Mississippi Public Service Commission</span> Government regulatory agency in the U.S. state of Mississippi

The Mississippi Public Service Commission is a government agency which regulates telecommunications, electric, gas, water and sewer utilities in the U.S. state of Mississippi. The commission was created in 1884 and in its early history was tasked with regulating various transport and telecommunications industries in the state. It assumed its current name in 1938 and was given jurisdiction over electric, gas, and water utilities in 1956.

<span class="mw-page-title-main">Lynn Fitch</span> American politician (born 1961)

Lynn Fitch is an American lawyer, politician, and the 40th Mississippi Attorney General. She is the first woman to serve in the role and the first Republican since 1878. Previously, she was the 54th State Treasurer of Mississippi from 2012 to 2020.

<span class="mw-page-title-main">2015 Mississippi elections</span>

A general election was held in the U.S. state of Mississippi on November 3, 2015. All of Mississippi's executive officers were up for election. Primary elections were held on August 4, 2015, with primary runoffs to be held on August 25, 2015 if no candidate received a majority in the primary. The filing deadline for primary ballot access was February 27.

<span class="mw-page-title-main">2019 Mississippi elections</span>

A general election was held in the U.S. state of Mississippi on November 5, 2019. All executive offices in the state were up for election. The primary election was held on August 6, 2019, and runoff elections were held on August 27, 2019. Although the Democrats came close to winning the governorship, they ultimately failed to do so. In addition, they lost the sole statewide office they have held since 1878: the Attorney General.

<span class="mw-page-title-main">David McRae</span> American politician

David McRae is an American politician from Mississippi. A member of the Republican Party, McRae has been Mississippi State Treasurer since 2020, having been elected in the 2019 election. Prior to his time in politics, he worked for his family's business as a managing partner.

<span class="mw-page-title-main">2019 Mississippi Attorney General election</span>

The 2019 Mississippi Attorney General election was held on November 5, 2019, to elect the Attorney General of Mississippi. Incumbent Jim Hood declined to seek re-election to a fifth term, instead running unsuccessfully for Governor. State Treasurer Lynn Fitch won the Republican nomination in a primary runoff against Andy Taggart, and she defeated Democratic nominee Jennifer Riley Collins in the general election. Fitch became the first Republican to hold the office since 1878, as well as the first woman to ever be elected to the position in state history. It also marked the first time in over a century where no members of the Democratic Party held statewide office.

<span class="mw-page-title-main">2023 Mississippi elections</span>

The 2023 Mississippi elections took place on November 7, 2023, with the primary on August 8 and any required runoffs on August 29. All executive offices in the state up for election, as well as all 52 seats of the Mississippi State Senate, all 122 seats in the Mississippi House of Representatives, and many local offices. The qualifying deadline for all 2023 Mississippi races was February 1, 2023.

References

  1. ↑ Rowland 1904, p. 23.
  2. ↑ Rowland 1904, p. 124.
  3. ↑ Rowland 1904, p. 27.
  4. ↑ Krane & Shaffer 1992, pp. 49–50.
  5. ↑ Winkle 2014, pp. 126–127.
  6. ↑ "Lynn Fitch to become next Attorney General of Mississippi: BREAKING NEWS". WJTV 12. Nexstar Media Group. November 5, 2019. Retrieved March 8, 2023.
  7. ↑ Jones, Kevin Jones (January 20, 2023). "6 Things to Know About March for Life Speaker Lynn Fitch, Champion of Dobbs Case". National Catholic Register. Catholic News Agency. Retrieved March 8, 2023.
  8. ↑ Pettus, Emily Wagster (January 10, 2020). "7 of 8 statewide officials inaugurated". The Greenwood Commonwealth. Associated Press. pp. 1, 12.
  9. ↑ Bullock & Rozell 2010, p. 104.
  10. ↑ Clark, Eric (December 2007). "The Government of Mississippi: How it Functions". Mississippi History Now. Mississippi Department of Archives and History. Retrieved March 17, 2023.
  11. 1 2 3 Winkle 2014, p. 113.
  12. ↑ Winkle 2014, p. 105.
  13. ↑ Pender, Geoff (April 7, 2022). "Amid vetoes, Gov. Reeves lets pay raises for elected officials pass". Mississippi Today. Nonprofit Mississippi News. Retrieved October 10, 2022.
  14. 1 2 3 "Divisions". Attorney General of Mississippi. Retrieved February 15, 2023.
  15. ↑ "State Agencies". Attorney General of Mississippi. Retrieved March 8, 2023.
  16. ↑ "Civil Litigation". Attorney General of Mississippi. Retrieved March 8, 2023.
  17. ↑ "Criminal Appeals". Attorney General of Mississippi. Retrieved March 8, 2023.
  18. ↑ Harrison, Bobby (July 4, 2021). "New boss same as old boss when it comes to AG using private lawyers". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
  19. ↑ Pettus, Emily Wagster (October 15, 2021). "Analysis: Judges can't order attorney general to take cases". The Commercial Dispatch. Associated Press. Retrieved March 12, 2023.
  20. ↑ "Solicitor General". Attorney General of Mississippi. Retrieved March 8, 2023.
  21. 1 2 Harrison, Bobby (November 29, 2021). "Former DOJ attorney under Trump will argue Mississippi's case to Supreme Court to reverse Roe v. Wade". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
  22. ↑ Winkle 2014, p. 30.
  23. ↑ "MS Attorney General's Office Official Opinion" (PDF). Attorney General of Mississippi. 2020. Retrieved March 8, 2023.
  24. ↑ Bobby, Harrison (October 18, 2022). "AG Lynn Fitch to open north Mississippi office, but not in Houston". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
  25. ↑ Welcome Guide 2023, p. 2.
  26. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Mississippi Official and Statistical Register 2021, p. 552.
  27. ↑ "Republican Ticket". The Weekly Mississippi Pilot. 1869-11-27. p. 2. Retrieved 2023-10-14– via Newspapers.com. Open Access logo PLoS transparent.svg

Works cited

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.