Getting to Know State Attorneys General

Who they are 

Each state, territory, commonwealth, and the District of Columbia elects or appoints a state attorney general. Usually partisan, these elected or appointed attorneys generally serve alongside the governor during the same four-year term. Distinctively, most state attorneys general lead the justice department or equivalent in each state or territory, with justice departments being part of the executive branch. While the duties of state attorneys general are similar, details about terms, elections, and requirements vary from state to state.

At times, following their term(s), state attorneys general run for and are elected as governors in their states, like Greg Abbott of Texas (2015-2021) and Arizona’s Janet Napolitano (2003-2009), who later became the U.S. secretary of Homeland Security (2009-2013). Other state attorneys general go on to serve in federal positions, including Idaho’s Larry Echo Hawk as assistant U.S. secretary of the interior for Indian Affairs (2009-2012) and California’s Kamala Harris as U.S. senator (2017-2021) and then vice president of the U.S. (2021-2025). 

As with any elected position, not all state attorneys general make history for winning. Some have demonstrated tendencies of corruption and bribery. In 2023, Ken Paxton, state attorney general for Texas, was impeached for bribery, abuse of office, and obstruction; the impeachment charges failed, and the criminal charges were dropped through a negotiation with prosecutors. 

Qualifications and characteristics of the position

The minimum qualifications to become a state attorney general vary from state to state; however, most require citizenship, state residency, minimum ages that range from 18-31, and varying levels of admission to the bar.

What they do

State attorneys general serve as the head of the justice department for each state, territory, commonwealth, and the District of Columbia. According to a Harvard Law Review article in 2014, “The attorney general has significant authority to investigate government misconduct, as well as nongovernment misconduct.” They lead a multi-specialized team of attorneys and represent public interest and the state in matters requiring litigation. Think of them and their teams as “the law firm to their particular state.” 

Some of the better-known duties of the state attorneys general office include:

• Representing the state in major criminal cases

• Enforcing state and federal laws

• Representing the state and state agencies in court

Lesser-known duties include:

• Managing compensation programs for victims of crimes

• Enforcing the collection of child support

• Issuing legal opinions to state agencies

• Protecting state interests, including the environment and more

A key responsibility of state attorneys general involves consumer protection, which includes:

• Preventing crime through educating consumers about fraudulent activity and scams 

• Providing mediation between consumers and businesses

• Holding the authority to require violators to “cease and desist” and enter into settlements

• Issuing injunctions and fines

• Suspending or revoking licenses

State attorneys general multi-state strategy

Over the last two decades, the role of state attorney general has developed significantly to provide more consumer protection than ever before. In providing protection, state attorneys general learned that not only did it make practical sense to combine efforts with other states, it also bolstered the quality of work. This unified strategy has proven successful in winning cases brought against large corporations or government entities.

It began with the tobacco lawsuits of 1998, where multiple states initiated separate lawsuits against some of the large tobacco-producing companies. When that burdened the courts, attorneys general from those states combined resources, and 52 state and territory attorneys general signed a master settlement agreement with the four largest U.S. tobacco companies to settle dozens of state lawsuits brought to recover billions of dollars in health care costs tied to treating smoking-related illnesses.

Since then, states have won large cases, returning money, services, and rights to people across the country. Remember when Microsoft lost a large antitrust lawsuit in 1998? The District of Columbia, 20 states, and the U.S. attorney general’s office fought against that monopoly and won. Thanks to state attorneys general in another history-making case, companies who produced OxyContin owed $19.5 million to 26 states.

State attorneys general today

State attorney general positions have become especially important in the litigious politics of today. For example, consider their position in providing checks and balances to the executive branch and preserving the rights of individual states. These officials possess the authority to balance unconstitutional tendencies and protect the U.S. Constitution and state constitutions. 

Many of the executive orders President Trump has signed during the first several months of his second term have incited controversy. Politicians and attorneys are challenging their legality in the media and in court. State attorneys general began strategizing how to respond when and if promises from Trump’s campaign turn into potentially unconstitutional orders. They've planned for contingencies, and every weekday 23 Democratic state attorneys general meet briefly to discuss the seven cases concerning executive actions they currently manage together. They also plan future efforts. This group of state attorneys general has been successful in freezing access of data and finances to Elon Musk’s team, temporarily halting the end of birthright citizenship, and delaying the freeze on funding for medical research.

When and how to contact your state attorney general

Knowing more about what state attorneys general do, some may wonder whether it is appropriate for constituents to contact them. If the state attorney general is elected, the answer is yes. As elected officials, they benefit from constituent feedback and gratitude. This arena of advocacy might feel less familiar than other advocacy efforts. But if voters want to express an opinion about one or more of the recent executive orders, for example, they may contact their state attorney general the same as they would legislators. 

If the state attorney general is appointed, voters have less need to contact them directly. Appointed officials do not necessarily answer to voters. Rather, voters instead would contact the official or body that appointed the state attorney general. For instance, if the governor appointed the state attorney general, the voter would contact the governor’s office with feedback about the state attorney general. Voters can find their state attorney general’s contact information and consider expressing appreciation for their work or inquiring about why their state is not participating with other states in certain legal efforts. 

Overall, state attorneys general play a critical role in government, impacting the lives of those they protect and preserving and enforcing state and federal laws. 

This article was written by Sherilyn Stevenson, lead researcher and writer at Mormon Women for Ethical Government.