Attorney General of Delaware

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Delaware Attorney General

Seal of Delaware.svg.png

General information
Office Type:  Partisan
Office website:  Official Link
Compensation:  $152,891
2024 FY Budget:  $63,327,300
Term limits:  None
Structure
Length of term:   4 years
Authority:  Delaware Code, 29-25-2502
Selection Method:  Elected
Current Officeholder

Attorney General of Delaware Kathy Jennings
Democratic Party
Assumed office: January 1, 2019

Elections
Next election:  November 3, 2026
Last election:  November 8, 2022
Other Delaware Executive Offices
GovernorLieutenant GovernorSecretary of StateAttorney GeneralTreasurerAuditorSecretary of EducationAgriculture SecretaryInsurance CommissionerNatural Resources SecretaryLabor SecretaryPublic Service Commission

The Attorney General of Delaware is a constitutional officer of the state of Delaware, and is the chief law officer and the head of the state department of justice.


The attorney general is elected to a four-year term in the "off-year" state election, two years before or after the election of the governor. The office existed in various forms prior to the ratification of the Delaware Constitution of 1776, which continued the colonial tradition by which the governor appointed the attorney general for a five-year tenure. With the ratification of the state constitution of 1897, the attorney general became an elected office held for four-year terms. It also established the attorney general as third in line of succession to the office of governor, after the lieutenant governor and secretary of state.[1]

Delaware has a Democratic triplex. The Democratic Party controls the offices of governor, secretary of state, and attorney general.

Current officeholder

The current attorney general is Kathy Jennings, a Democrat first elected in November 2018 and sworn in January 1, 2019. She succeeded Matthew Denn (D).[2]

Authority

The office of attorney general is mentioned in the state constitution, but its powers are formally enumerated in statute.[3]

Delaware Code, 29-25-2502

There is created a State Department of Justice under the supervision, direction and control of the Attorney General.

Qualifications

There are no required qualifications for the office of attorney general.

Elections

Delaware state government organizational chart

Per Article III, Section 21 of the Delaware Constitution, attorneys general are elected every four years in federal midterm election years (e.g. 2014, 2018, 2022, etc.). Traditionally, they are sworn in on the first Tuesday in January in the year after they are elected.

2022

See also: Delaware Attorney General election, 2022

General election

General election for Attorney General of Delaware

Incumbent Kathy Jennings defeated Julianne Murray in the general election for Attorney General of Delaware on November 8, 2022.

Candidate
%
Votes
Image of Kathy Jennings
Kathy Jennings (D)
 
53.8
 
171,837
Image of Julianne Murray
Julianne Murray (R) Candidate Connection
 
46.2
 
147,369

Total votes: 319,206
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Democratic primary election

The Democratic primary election was canceled. Incumbent Kathy Jennings advanced from the Democratic primary for Attorney General of Delaware.

Republican primary election

The Republican primary election was canceled. Julianne Murray advanced from the Republican primary for Attorney General of Delaware.

2018

See also: Delaware Attorney General election, 2018

General election

General election for Attorney General of Delaware

Kathy Jennings defeated Bernard Pepukayi in the general election for Attorney General of Delaware on November 6, 2018.

Candidate
%
Votes
Image of Kathy Jennings
Kathy Jennings (D)
 
61.3
 
218,351
Silhouette Placeholder Image.png
Bernard Pepukayi (R)
 
38.7
 
137,730

Total votes: 356,081
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

Democratic primary for Attorney General of Delaware

Kathy Jennings defeated LaKresha Roberts, Chris Johnson, and Tim Mullaney in the Democratic primary for Attorney General of Delaware on September 6, 2018.

Candidate
%
Votes
Image of Kathy Jennings
Kathy Jennings
 
56.6
 
46,038
Silhouette Placeholder Image.png
LaKresha Roberts
 
21.6
 
17,584
Silhouette Placeholder Image.png
Chris Johnson
 
15.0
 
12,195
Silhouette Placeholder Image.png
Tim Mullaney
 
6.8
 
5,513

Total votes: 81,330
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Republican primary election

Republican primary for Attorney General of Delaware

Bernard Pepukayi advanced from the Republican primary for Attorney General of Delaware on September 6, 2018.

Candidate
Silhouette Placeholder Image.png
Bernard Pepukayi

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Withdrawn or disqualified candidates

2014

See also: Delaware attorney general election, 2014
Attorney General of Delaware, 2014
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngMatthew Denn 52.8% 121,410
     Republican Ted Kittila 39.2% 90,257
     Green Catherine Damavandi 4.6% 10,599
     Independent David Graham 2.1% 4,879
     Libertarian John Machurek 1.3% 2,984
Total Votes 230,129
Election results via Delaware Office of the State Election Commissioner

Full history


Term limits

Attorneys general do not face any term limits.

Vacancies

If a vacancy occurs in the office of attorney general, the governor appoints a replacement who serves until a new officeholder can be elected. (Delaware Constitution, Article III, Section 9)

Duties

The attorney general heads the Delaware Department of Justice, which is empowered to, "investigate matters involving the public peace, safety and justice." The department is charged with managing the activities of state detectives as well as all criminal proceedings in the state.[5] The attorney general also serves as chief legal counsel for the Delaware state government and offers advisory opinions to state agencies on request.[6]

Divisions

As of January 7, 2021, the Delaware Attorney General's Office was comprised of the following divisions:

  • Civil Law
  • Criminal Law
  • Family Law
  • Fraud
  • Administrative[7]

State budget

See also: Delaware state budget and finances

The budget for the Department of Justice in the Fiscal Year 2024 was $63,327,300.[8]

Compensation

See also: Compensation of state executive officers

The salaries of Delaware's elected state executives are determined by state law as mandated by the Delaware Constitution. Article III of the state constitution requires that salary changes not take effect until after the current terms of affected offices.

The Delaware State Legislature created the Delaware Compensation Commission in 1984 to determine state executive salaries. This commission consists of six members including two appointees by the governor, one appointee each by the Speaker of the House and the President Pro Tempore of the Delaware State Senate, the current chair of the Delaware Business Roundtable and the director of the state Office of Management and Budget. Commissioners meet every four years to make salary recommendations, which are implemented unless the Delaware State Legislature rejects the entirety of the report. From 1985 to 2013, the commission's report has only been rejected once by legislators, who submitted their own salary increases for executives officials in 1993.[9]

2022

In 2022, the officer's salary was $152,891, according to the Council of State Governments.[10]

2021

In 2021, the attorney general received a salary of $149,893, according to the Council of State Governments.[11]

2020

In 2020, the attorney general received a salary of $149,893, according to the Council of State Governments.[12]

2019

In 2019, the attorney general received a salary of $148,893, according to the Council of State Governments.[13]

2018

In 2018, the attorney general received a salary of $147,893, according to the Council of State Governments.[14]

2017

In 2017, the attorney general received a salary of $145,707, according to the Council of State Governments.[15]

2016

In 2016, the attorney general received a salary of $145,707, according to the Council of State Governments.[16]

2015

In 2015, the attorney general received a salary of $145,707, according to the Council of State Governments.[17]

2014

In 2014, the attorney general received a salary of $145,207, according to the Council of State Governments.[18]

2013

In 2013, the attorney general was paid an estimated $145,207. This figure comes from the Council of State Governments.

2012

In 2012, the attorney general was paid an estimated $143,769. This figure comes from the Council of State Governments.

2010

In 2010, the attorney general earned compensation in the amount of $137,425.[19] His salary is determined by law.

Campaign finance

Main Article: Campaign finance requirements for Delaware ballot measures

The Delaware Attorney General is responsible for investigating all campaign finance complaints regardless if it involves civil or criminal laws. All complaints are referred to the attorney general from the Delaware Commissioner of Elections after the complaint is received by the commissioner.

The attorney general holds all prosecution and investigative powers towards campaign finance complaints.[20]

Historical officeholders

List of Former Officeholders from 1978-Present
# Name Tenure
1 Gunning Bedford, Jr. 1778–1790
2 Nicholas Ridgely 1790–1801
3 Nicholas Van Dyke 1801–1806
4 Outerbridge Horsey 1806–1810
5 Thomas Clayton 1810–1815
6 James Rogers 1815–1830
7 Robert Frame 1830–1835
8 James Rogers 1835–1840
9 Edward W. Gilpin 1840–1850
10 Willard Saulsbury, Sr. 1850–1855
11 George P. Fisher 1855–1860
12 Alfred Wooten 1860–1864
13 Jacob Moore 1864–1869
14 Charles B. Lore 1869–1874
15 John B. Penington 1874–1879
16 George Gray 1879–1885
17 John H. Paynter 1885–1887
18 John Biggs 1887–1892
19 John R. Nicholson 1892–1895
20 Robert C. White 1895–1901
21 Herbert H. Ward 1901–1905
22 Robert H. Richards 1905–1909
23 Andrew C. Gray 1909–1913
24 Josiah O. Wolcott 1913–1917
25 David J. Reinhardt 1917–1921
26 Sylvester D. Townsend, Jr. 1921–1925
27 Clarence A. Southerland 1925–1929
28 Reuben Satterthwaite, Jr. 1929–1933
29 Daniel J. Layton 1933
30 P. Warren Green 1933–1939
31 James R. Morford 1939–1943
32 Clair J. Killoran 1943–1947
33 Albert W. James 1947–1951
34 H. Albert Young 1951–1955
35 Joseph D. Craven 1955–1959
36 Januar D. Bove, Jr. 1959–1963
37 David P. Buckson 1963–1971
38 W. Laird Stabler, Jr. 1971–1975
39 Richard R. Wier, Jr. 1975–1979
40 Richard S. Gebelein 1979–1983
41 Charles M. Oberly, III 1983–1995
42 M. Jane Brady 1995–2005
43 Carl Danberg 2005–2007
44 Beau Biden 2007–2015
45 Matthew Denn 2015–2019
46 Kathy Jennings 2019–present

Recent news

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Contact information

Delaware

102 W. Water Street
Dover, DE 19904

Criminal Division: 302-739-4211
Civil Division: 302-739-7641
Toll Free Phone: 302-739-1545
Fax: 302-739-7652
E-mail: [email protected]

See also

Delaware State Executive Elections News and Analysis
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Delaware State Executive Offices
Delaware State Legislature
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Party control of state government
State government trifectas
State of the state addresses
Partisan composition of governors

External links

Footnotes

  1. Delaware Attorney General, "Homepage," accessed January 7, 2021
  2. Delaware Department of Justice, "Attorney General Kathy Jennings Biography," accessed January 7, 2021
  3. Delaware Code, "29-25-2502," accessed January 7, 2021
  4. Delaware Secretary of State, November 2, 2010 General Election Results," accessed May 10, 2011
  5. Delaware Code, "29-25-2504," accessed January 11, 2021
  6. Delaware Department of Justice, "About the Office," accessed January 7, 2021
  7. Office of the Delaware Attorney General, "Divisions & Units," accessed January 7, 2021
  8. Delaware General Assembly, "House Bill 195," accessed December 6, 2023
  9. Delaware Code Online, "Title 29," January 7, 2021
  10. Council of State Governments, "Book of the States 2022 Table 4.11: Selected State Administrative Officials: Annual Salaries," provided to Ballotpedia by CSG personnel
  11. Issuu, "The Book of the States 2021," accessed September 22, 2022
  12. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2020," accessed January 7, 2021
  13. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2019," accessed January 7, 2021
  14. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2018," accessed January 7, 2021
  15. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2017," accessed January 7, 2021
  16. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2016," accessed August 27, 2016
  17. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2015," accessed August 27, 2016
  18. Council of State Governments, "Selected State Administrative Officials: Annual Salaries," accessed November 14, 2014
  19. 'Council of State Governments, "Book of the States 2010 -- Table 4.11," accessed August 9, 2011
  20. Delaware Legislature, "Delaware Campaign Finance Law, Section Title 15, § 8043," accessed April 14, 2015