Attorney General of Virginia

Last updated

Attorney General of Virginia
Seal of the Attorney General of Virginia.jpg
Seal of the attorney general of Virginia
Jason Miyares in November 2021.jpg
Incumbent
Jason Miyares
since January 15, 2022
Style The Honorable
TypeElected constitutional position
Term length Four years
Formation1776
First holder Edmund Randolph
Website www.oag.state.va.us

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. [1]

Contents

History

In the Colony of Virginia, attorneys general were typically appointed by the king of England, with vacancies in the office filled by the appointment of the colonial governor or lieutenant governor, sometimes in consultation with the governor's council. [2] The Virginia Constitution of 1851 provided for the popular election of the attorney general. [3]

Mary Sue Terry, sworn in in 1986, was Virginia's first female attorney general. [4] Jason Miyares, sworn in on January 15, 2022, is the state's first Latino attorney general. [5]

Qualifications

The position of attorney general is established by Article V, Section 15 of the Constitution of Virginia, and they are elected for four years and serve concurrently with the governor. All candidates for attorney general must be at least thirty years old, a citizen of the United States, and have the same qualifications required of a Virginia Circuit Court judge. [6]

Responsibilities

The attorney general represents the legal interests of the people of Virginia and agencies and boards of the state's government. By law, the attorney general must represent the state and its constituent agencies unless it is impractical to do so, in which case private legal representation may be contracted to serve in their place. They are responsible for aiding investigative activities into certain criminal activities, enforcing certain laws, and providing official advice on questions of law to members of the Virginia General Assembly and other state officials. [7] The attorney general can be impeached and removed from office by the Virginia General Assembly. [8]

The office of attorney general is led by the attorney general. Under them serve a chief deputy attorney general, four deputy attorneys general, and various other legal and support staff. [7]

List of attorneys general

Attorneys general of colonial Virginia

Records of this period are sparse. The attorney general was appointed by the King, a combination of the governor and council, or the governor or acting governor. There was no term of office, and the office may have been vacant for extended periods. [2]

NameTermNotes
Richard Lee October 12, 1643 – ?Appointed by Governor William Berkeley and Council
(Office not in use?)1652–1660Office apparently vacant during the Interregnum
Peter Jenings Before June 25, 1670 – c. October 12, 1670Reappointed by Charles II of England on September 15, 1670
George Jordan October 12, 1670 – at least October 3, 1672Appointed by Governor William Berkeley and Council
Robert Beverley March 10, 1676 (appointed) [9] Appointed by Governor William Berkeley and Council
George Jordan Acting on May 20, 1677
William Sherwood Early March 1677 – at least until November 25, 1678
Edward Hill appointed by Deputy Governor Henry Chicheley on September 27, 1679.
Edmund Jenings 1680 – before November 16, 1686
George Brent Before November 16, 1686 – before May 1, 1688Acting
Edmund Jenings c. May 1, 1688 – June 10, 1691
Edward Chilton [10] October 20, 1691 (sworn) – April 1694Appointed by Governor Francis Nicholson. Resigned.
William Randolph April 1694 (sworn) – October 29, 1698Appointed by Governor Francis Nicholson. Resigned.
Bartholomew Fowler October 29, 1698 – September 4, 1700Appointed by Governor Francis Nicholson. Resigned.
Benjamin Harrison III October 17, 1700 – c. 1702Appointed by Governor Francis Nicholson and Council.
Stevens Thomson March 2, 1704 (sworn) – February 1714Privy Council approved appointment July 30, 1703. Died in office.
John Clayton 1714 – November 18, 1737Appointed by Lieutenant Governor Alexander Spotswood, given leave to England [11]
John Randolph April 22, 1726 – late 1727 or early 1728Appointed acting by Lieutenant Governor William Gooch in Clayton's absence
John Claytonlate 1727 or early 1728 – November 18, 1737Reappointed by royal warrant after February 29, 1728. Died in office
Edward Barradall Acting between November 17 and 25, 1737 – June 19, 1743Appointed acting by Lieutenant Governor William Gooch, followed by warrant March 7, 1738, died in office
Thomas Nelson Between June 19 and 27, 1743 – summer 1744Appointed acting by Lieutenant Governor William Gooch
Peyton Randolph May 7, 1744 (warrant) – sometime before January 29, 1754Office declared forfeit on June 20, 1754
Peyton Randolph May 13, 1755 (warrant) – sometime soon after November 22, 1766Resigned
George Wythe c. January 29, 1754 – between January 20 and February 10, 1755Appointed acting by Lieutenant Governor Robert Dinwiddie
George Wythe c. after November 22, 1766 – between June 4 and 11, 1767Appointed acting by Lieutenant Governor Francis Fauquier
John Randolph Between June 4 and 11, 1767 – early September 1775 (fled)Fled Virginia in September 1775

Attorneys general (1776–1857)

From 1776 to 1851, the attorney general was elected by the General Assembly, or, in case of vacancy, appointed by the governor for an undefined term. The Virginia Constitution of 1851 introduced popular election and four-year terms. After the 1851 constitution, vacancies would be filled by the General Assembly, if they were in session, or by the governor.

ImageNameTermPartyNotes
EdRand.jpg Edmund Randolph early July 1776 – November 30, 1786Elected by convention
James Innes November 30, 1786 – November 13, 1796Resigned
Marshall-john-engraving-LOC-1808.jpg John Marshall mid-October 1794 – late March 1795Acting
Robert Brooke Virginia Governor.jpg Robert Brooke mid-November 1796 – February 27, 1800 Democratic-Republican Died in office
Philip Norborne Nicholas, head-and-shoulders portrait, right profile LCCN2007676918.jpg Philip Norborne Nicholas March 15, 1800 – January 7, 1819 Democratic-Republican Appointed by Governor James Monroe, elected by General Assembly, resigned
John Robertson January 21, 1819 – mid-October 1834 Democratic Resigned
Sidney Smith Baxter December 11, 1834 – January 1, 1852 Democratic
Willis Perry Bocock January 1, 1852 – May 15, 1857 Democratic Resigned

Attorneys general during the Civil War and Reconstruction

Tucker served as the attorney general of Confederate Virginia throughout the Civil War. Wheat and Bowden served as the attorneys general for Restored Government of Virginia. From 1865 to 1870, the commanding general of the military district of Virginia appointed the office.

ImageNameTermPartyNotes
John Randolph Tucker 1823-1897 - Brady-Handy.jpg John Randolph Tucker June 13, 1857 – May 9, 1865 Democratic Confederate attorney general throughout war. Left office when government abandoned Richmond.
James S. Wheat June 21, 1861 – December 7, 1863 Republican Elected at the Wheeling Convention and then in a May 1862 election for the Restored Government of Virginia in Wheeling.
Thomas Russell Bowden December 7, 1863 – August 1, 1869 Unionist/Republican Attorney general for the Restored Government of Virginia in Wheeling, then Alexandria, after West Virginia separated, and in post-war Reconstruction Virginia.
Charles Whittlesey September 10, 1869 – January 19, 1870RepublicanAppointed and removed by Brigadier General Edward Richard Sprigg Canby
James Craig Taylor January 19, 1870 – January 1, 1874 Conservative Party of Virginia Appointed by Brigadier General Canby after winning election (moving forward swearing-in date)

Attorneys general (1874–present)

ImageNameTermPartyNotes
Belles, beaux and brains of the 60's (1909) (14596404537).jpg Raleigh Travers Daniel [12] January 1, 1874 – August 16, 1877 Conservative Party of Virginia Died in office
James G. Field.jpg James Gavin Field August 29, 1877 – January 1, 1882 Conservative Party of Virginia Appointed and then elected
Francis Simpson Blair January 1, 1882 – January 1, 1886 Readjuster Party [13]
Rufus Ayers.jpg Rufus A. Ayers January 1, 1886 – January 1, 1890 Democratic
R. Taylor Scott.png R. Taylor Scott January 1, 1890 – August 5, 1897 Democratic Died in office
Richard Carter Scott August 11, 1897 – January 1, 1898 Democratic appointed by Governor Charles T. O'Ferrall
Picture of Andrew Jackson Montague.jpg Andrew Jackson Montague January 1, 1898 – January 1, 1902 Democratic Became governor January 1, 1902
William Alexander Anderson.jpg William Alexander Anderson January 1, 1902 – February 1, 1910 Democratic
Samuel Walker Williams February 1, 1910 – February 2, 1914 Democratic
JGPollard (cropped).jpg John Garland Pollard February 2, 1914 – January 5, 1918 Democratic Resigned.
Josiah D Hank Jr.jpg Josiah D. Hank Jr. January 5, 1918 - February 1, 1918 Democratic Appointed by Governor Henry C. Stuart
John R Saunders 1912.jpg John R. Saunders February 1, 1918 – March 17, 1934 Democratic Died in office
Abram Penn Staples.png Abram Penn Staples March 22, 1934 – October 6, 1947DemocraticResigned to become judge of the Virginia Supreme Court of Appeals
Harvey Black Apperson October 7, 1947 – February 2, 1948DemocraticAppointed by Governor; Died in office
J. Lindsay Almond (VA).png J. Lindsay Almond February 11, 1948 – September 16, 1957DemocraticResigned to run for Governor
Kenneth Cartwright Patty September 1957 – January 1958DemocraticAppointed by Governor
Albertis Harrison 1962.jpg Albertis Sydney Harrison January 1958 – April 1961DemocraticResigned to run for Governor
Senator F T Gray 1982.jpg Frederick Thomas Gray May 1961 – January 1962DemocraticAppointed by Governor
Robert Young Button January 1962 – January 1970Democratic [14]
Andrew Pickens Miller January 1970 – January 1977DemocraticResigned to run for Governor
Anthony Francis Troy January 1977 – January 1978Democratic
Marshall Coleman 1976.jpg J. Marshall Coleman January 14, 1978 – January 16, 1982 Republican
Gerald Baliles 1986.jpg Gerald Baliles January 16, 1982 – June 30, 1985DemocraticResigned to run for Governor
William Broaddus July 1, 1985 – January 11, 1986Democratic
Mary Sue Terry January 11, 1986 – January 28, 1993DemocraticResigned to run for Governor
Stephen D. Rosenthal January 29, 1993 – January 15, 1994Democratic
Jim Gilmore 2004 NSTAC crop.jpg Jim Gilmore January 15, 1994 – June 11, 1997RepublicanResigned to run for Governor
Richard Cullen June 11, 1997 – January 17, 1998Republican
Mark Earley January 17, 1998 – June 4, 2001RepublicanResigned to run for Governor
Randolph A. Beales July 11, 2001 – January 12, 2002Republican
Jerry Kilgore (2004) (cropped).jpg Jerry Kilgore January 12, 2002 – February 1, 2005RepublicanResigned to run for Governor
Judith Jagdmann February 1, 2005 – January 14, 2006Republican
Bob McDonnell (4379673749) (cropped) (cropped).jpg Bob McDonnell January 14, 2006 – February 20, 2009RepublicanResigned to run for Governor
Bill Mims February 20, 2009 – January 16, 2010Republican
Ken Cuccinelli by Gage Skidmore cropped.jpg Ken Cuccinelli January 16, 2010 – January 11, 2014Republican
Mark Herring in 2013.jpg Mark Herring January 11, 2014 – January 15, 2022Democratic
Jason Miyares in November 2021.jpg Jason Miyares January 15, 2022 – presentRepublicanFirst attorney general of Hispanic and Cuban descent.

Related Research Articles

<span class="mw-page-title-main">Governor of Maryland</span> Head of state and of the executive branch of government of the U.S. State of Maryland

The governor of the State of Maryland is the head of government of Maryland, and is the commander-in-chief of the state's National Guard units. The governor is the highest-ranking official in the state and has a broad range of appointive powers in both the state and local governments, as specified by the Maryland Constitution. Because of the extent of these constitutional powers, the governor of Maryland has been ranked as being among the most powerful governors in the United States.

<span class="mw-page-title-main">Governor of Indiana</span> Head of state and government of the U.S. state of Indiana

The governor of Indiana is the head of government of the U.S. state of Indiana. The governor is elected to a four-year term and is responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government. The governor also shares power with other statewide executive officers, who manage other state government agencies. The governor works out of the Indiana Statehouse and holds official functions at the Indiana Governor's Residence in the state capital of Indianapolis.

<span class="mw-page-title-main">Governor of South Carolina</span> Head of state and of government of the U.S. state of South Carolina

The governor of South Carolina is the head of government of South Carolina. The governor is the ex officio commander-in-chief of the National Guard when not called into federal service. The governor's responsibilities include making yearly "State of the State" addresses to the South Carolina General Assembly, submitting an executive budget, and ensuring that state laws are enforced.

<span class="mw-page-title-main">Governor of Vermont</span> Head of state and of government of the U.S. state of Vermont

The governor of Vermont is the head of government of the U.S. state of Vermont. The officeholder is elected in even-numbered years by direct voting for a term of two years. Vermont and bordering New Hampshire are the only states to hold gubernatorial elections every two years, instead of every four as in the other 48 U.S. states.

<span class="mw-page-title-main">Governor of Virginia</span> Chief executive of the Commonwealth of Virginia

The governor of the Commonwealth of Virginia serves as the head of government of Virginia for a four-year term. The incumbent, Glenn Youngkin, was sworn in on January 15, 2022.

<span class="mw-page-title-main">District attorney</span> US state prosecutor of criminal offenses

In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact and scope of the office varies by state. Generally, the prosecutor represents the people of the jurisdiction. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.

<span class="mw-page-title-main">North Carolina Council of State</span> Collective decision-making body of the state

The North Carolina Council of State is the collective body of ten elective executive offices in the state government of North Carolina, all of which are established by the state constitution. The Council of State includes the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Together with the North Carolina Cabinet and several independent agencies, the Council of State offices constitute the executive branch of North Carolina's state government.

<span class="mw-page-title-main">Government of Maryland</span> State government of the United States

The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

<span class="mw-page-title-main">Lieutenant Governor of Virginia</span> Constitutional officer of Virginia, US

The Lieutenant Governor of the Commonwealth of Virginia is a constitutional officer of the Commonwealth of Virginia. The lieutenant governor is elected every four years along with the governor and attorney general.

<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">State attorney general</span> Chief law enforcement official in a U.S. state or territory

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 general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice.

<span class="mw-page-title-main">Lieutenant Governor of Indiana</span> Constitutional office in the US State of Indiana.

The lieutenant governor of Indiana is a constitutional office in the US state of Indiana. Republican Suzanne Crouch, who assumed office January 9, 2017, is the incumbent. The office holder's constitutional roles are to serve as the president of the Indiana Senate, become acting governor during the incapacity of the governor, and become governor should the incumbent governor resign, die in office, or be impeached and removed from office. Lieutenant governors have succeeded ten governors following their deaths or resignations. The lieutenant governor holds statutory positions, serving as the head of the state agricultural and rural affairs bureaus, and as the chairman of several state committees.

The government of Virginia combines the executive, legislative and judicial branches of authority in the Commonwealth of Virginia. The current governor of Virginia is Glenn Youngkin. The State Capitol building in Richmond was designed by Thomas Jefferson, and the cornerstone was laid by Governor Patrick Henry in 1785. Virginia currently functions under the 1971 Constitution of Virginia. It is Virginia's seventh constitution. Under the Constitution, the government is composed of three branches: the legislative, the executive and the judicial.

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

The Government of Tennessee is organized under the provisions of the 1870 Constitution of Tennessee, first adopted in 1796. As set forth by the state constitution, administrative influence in Tennessee is divided among three branches of government: executive, legislative, and judicial.

<span class="mw-page-title-main">Political party strength in Kentucky</span> Strength of the various political parties in the US state of Kentucky

The following table indicates the party of elected officials in the U.S. state of Kentucky:

The following table indicates the party of elected officials in the U.S. state of Maryland:

<span class="mw-page-title-main">Virginia Governor's Council</span> Upper legislative house of Colony of Virginia

The Governor's Council, also known as the Privy Council and Council of State, was the upper house of the legislature of the Colony of Virginia. It also served as an advisory body to the royal governor and as the highest judicial body in the colony. Beginning in the 1630s, its 12 members were appointed by the British sovereign. After Virginia declared its independence from Great Britain in 1776, members were appointed by the General Assembly, and most of their powers were redistributed to the newly formed Senate of Virginia and the state's judiciary. The Council was formally abolished after delegates to the 1850 Virginia constitutional convention voted to enact what became known as the "Reform Constitution," which vested many of its remaining functions in the popularly elected offices of Governor, Lieutenant Governor, and Attorney General.

References

  1. "Constitutional and Statutory Provisions For Number of Consecutive Terms of Elected State Officials", National Governors Association. Retrieved on 2008-05-21.
  2. 1 2 "Attorneys General of Virginia". Encyclopedia Virginia. Virginia Humanities. Retrieved March 20, 2023.
  3. Dinan 2014, pp. 113, 139.
  4. Elsman, Dale (January 12, 1986). "Baliles, Wilder, Ms. Terry sworn in, say state 'leading the nation again'". Richmond Times-Dispatch. pp. 1, 12.
  5. Mirshahi, Dean (January 15, 2022). "Jason Miyares, sworn in as attorney general, makes history as first Latino to hold statewide office in Virginia". ABC8News. Nexstar Media. Retrieved July 1, 2023.
  6. "Constitution of Virginia". Virginia's Legislative Information System. Archived from the original on November 6, 2013. Retrieved December 30, 2013.
  7. 1 2 "About the Office". Attorney General of Virginia. Retrieved March 20, 2023.
  8. Dinan 2014, p. 138.
  9. Evans, Emory g. "Robert Beverley (bap. 1635–1687)". Encyclopedia Virginia. Retrieved July 6, 2015.
  10. Tate, Thad W. "Edward Chilton (1658–1707)". Encyclopedia Virginia. Retrieved July 6, 2015.
  11. Tarter, Brent. "John Clayton (ca. 1666–1737)". Encyclopedia Virginia . Retrieved July 1, 2015.
  12. Tarter, Brent. "Raleigh Travers Daniel (1805–1877)". Encyclopedia Virginia/Dictionary of Virginia Biography . Retrieved June 15, 2015.
  13. Tarter, Brent. "Francis Simpson Blair (1839–1899)". Encyclopedia Virginia. Retrieved August 24, 2015.
  14. Bugg, J. L. "Robert Young Button (1899–1977)". Encyclopedia Virginia. Retrieved July 15, 2015.

Works cited