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Arizona Attorney General

From Wikipedia, the free encyclopedia
Attorney General of Arizona
Seal of the attorney general of Arizona
= Current Arizona Attorney General Kris Mayes
Incumbent
Kris Mayes
since January 2, 2023
StyleThe Honorable
ResidencePhoenix, Arizona
Term lengthFour years; renewable once consecutively
Formation1912
DeputyNone
Salary$90,000
Websitewww.azag.gov

The Arizona attorney general is the chief legal officer of the State of Arizona,[1] in the United States. This state officer is the head of the Arizona Department of Law,[2] more commonly known as the Arizona Attorney General's Office. The state attorney general is a constitutionally-established officer, elected by the people of the state to a four-year term. The state attorney general is second (behind the Secretary of State) in the line of succession to the office of Governor of Arizona.[3]

Headed by the attorney general of Arizona,[1] the Arizona Attorney General's Office is the largest law office in the state, with approximately 400 attorneys and 1,000 employees. As of 2019, the Attorney General's Office is divided into the following divisions:[4][5]

  • Executive Office
  • Solicitor General
  • Operations
  • Child and Family Protection
  • State Government Division
  • Civil Litigation Division
  • Criminal

Qualifications

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The Arizona Constitution requires all of the officers in the state's executive department, including the attorney general, to be at least 25 years old, a U.S. citizen for 10 years and an Arizona resident for five years.[6]

Arizona law further requires the attorney general to have been a "practicing attorney before the supreme court of the state" for at least five years before taking office,[7] however the Arizona Supreme Court ruled the law unconstitutional during the appointment process of Jack LaSota in 1977; LaSota had not renewed his state bar membership and was therefore not considered a practicing attorney.[8]

Powers and duties

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While the state constitution establishes the office of Attorney General, it does not prescribe the powers of the office. Instead, the Arizona Constitution expressly provides that the powers and duties of the state attorney general are to be prescribed by the Arizona State Legislature.[9] In pursuance of this constitutional mandate, the Arizona Legislature has prescribed that, under A.R.S. §41-193(A)(1) – § 41-193(A)(8), the attorney general of Arizona, through the Arizona Department of Law, shall:

  1. Prosecute and defend in the state supreme court all proceedings in which the state or an officer thereof is a party ~ A.R.S. § 41-193(A)(1);[10]
  2. Under certain conditions, prosecute and defend any proceeding in all other courts of the state, in which the state or an officer thereof is a party or has an interest ~ A.R.S. § 41-193(A)(2);[11]
  3. Represent the state in any action in a federal court ~ A.R.S. § 41-193(A)(3);[12]
  4. Exercise supervisory powers over county attorneys ~ A.R.S. § 41-193(A)(4);[13]
  5. Under certain conditions, assist any county attorney in the discharge of their duties ~ A.R.S. § 41-193(A)(5);[14]
  6. Maintain a docket of all proceedings in which the attorney general is required to appear ~ A.R.S. §41-193(A)(6);[15]
  7. Issue attorney general opinions on questions of law to state officers and agencies ~ A.R.S. § 41-193(A)(7);[16] and
  8. Perform other duties prescribed by law ~ A.R.S. § 41-193(A)(8).[17]

Arizona Attorneys General

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Arizona Territory

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Image Name Term of Office
Coles Bashford 1864–1866
John A. Rush 1866–1867
Granville Henderson Oury 1869
J. E. McCaffry ca. 1872
Clark Churchill 1884–1887
Briggs Goodrich 1887–1888
John A. Rush 1888–1889
Clark Churchill 1889–1892
William Herring 1892–1893
John C. Herndon 1893
Francis J. Heney 1893–1895
Thomas D. Satterwhite 1895–1896
John Frank Wilson 1896–1897
C. M. Frazier 1898
Charles F. Ainsworth 1898–1902
Edmund W. Wells 1902–1904
Joseph H. Kibbey 1904–1905
E. S. Clark 1905–1910
John B. Wright 1910–1912

State of Arizona

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Parties

  Democratic (17)   Republican (10)

# Image Name Political Party Term of Office
1 George Purdy Bullard Democratic 1912–1915
2 Wiley E. Jones Democratic 1915–1921
3 W. J. Galbraith Republican 1921–1923
4 John W. Murphy Democratic 1923–1928
5 K. Berry Peterson Democratic 1928–1933
6 Arthur T. LaPrade Democratic 1933–1935
7 John L. Sullivan Democratic 1935–1937
8 Joe Conway Democratic 1937–1944
9 John L. Sullivan Democratic 1944–1948
10 Evo Anton DeConcini Democratic 1948–1949
11 Fred O. Wilson Democratic 1949–1953
12 Ross F. Jones Republican 1953–1955
13 Robert Morrison Democratic 1955–1959
14 Wade Church Democratic 1959–1961
15 Robert Pickrell Republican 1961–1965
16 Darrell F. Smith Republican 1965–1968
17 Gary K. Nelson Republican 1969–1974
18 N. Warner Lee Republican 1974–1975
19 Bruce Babbitt Democratic 1975–1978
20 Jack LaSota Democratic 1978–1979
21 Robert K. Corbin Republican 1979–1991
22 Grant Woods Republican 1991–1999
23 Janet Napolitano Democratic 1999–2003
24 Terry Goddard Democratic 2003–2011
25 Tom Horne Republican 2011–2015
26 Mark Brnovich Republican 2015–2023
27 Kris Mayes Democratic 2023–present

References

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  1. ^ a b "A.R.S. §41-192 | Powers and duties of attorney general; restrictions on state agencies as to legal counsel; exceptions; compromise and settlement monies". Arizona State Legislature. State of Arizona. Retrieved 18 January 2019. The attorney general shall have charge of and direct the department of law and shall serve as chief legal officer of the state [...] (A.R.S. §41-192).
  2. ^ "A.R.S. §41-193 | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 18 January 2019. The department of law shall be composed of the attorney general and the subdivisions of the department created as provided in this article [...] (A.R.S. §41-193).
  3. ^ "Constitution of Arizona: Article V, Section 6". Arizona Legislature. Retrieved August 22, 2019.
  4. ^ "About the Office of Attorney General". Arizona Attorney General's Office. State of Arizona. Retrieved 18 January 2019.
  5. ^ "Arizona Attorney General's Office | AGO Organization" (PDF). Arizona Attorney General. State of Arizona. January 14, 2019. Retrieved January 18, 2019.
  6. ^ "Arizona Constitution, article 5, section 2". Arizona State Legislature. State of Arizona. Retrieved 18 January 2019. No person shall be eligible to any of the offices mentioned in section 1 of this article except a person of the age of not less than twenty-five years, who shall have been for ten years next preceding his election a citizen of the United States, and for five years next preceding his election a citizen of Arizona (Arizona Const., article 5, section 2).
  7. ^ "A.R.S. §41-191(A) | Attorney general; qualifications; salary; assistants; fees; exceptions; outside counsel". Arizona State Legislature. State of Arizona. Retrieved 18 January 2019. The attorney general shall have been for not less than five years immediately preceding the date of taking office a practicing attorney before the supreme court of the state. He is entitled to receive an annual salary pursuant to section 41-190 (A.R.S. §41-191(A).
  8. ^ "State ex rel. Sawyer v. LaSota, 119 Ariz. 253 (1978)". Court Listener. Free Law Project. Retrieved 18 January 2019.
  9. ^ "Arizona Constitution, Article V, §9". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. The powers and duties of secretary of state, state treasurer, attorney-general, and superintendent of public instruction shall be as prescribed by law.
  10. ^ "A.R.S. § 41-193(A)(1) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [p]rosecute and defend in the supreme court all proceedings in which the state or an officer thereof in his official capacity is a party.
  11. ^ "A.R.S. § 41-193(A)(2) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [a]t the direction of the governor or when deemed necessary by the attorney general, prosecute and defend any proceeding in a state court other than the supreme court in which the state or an officer thereof is a party or has an interest.
  12. ^ "A.R.S. § 41-193(A)(3) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [r]epresent the state in any action in a federal court, the cost thereof and the expenses of the attorney general incurred therein to be a charge against the state.
  13. ^ "A.R.S. § 41-193(A)(4) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [e]xercise Exercise supervisory powers over county attorneys of the several counties in matters pertaining to that office and require reports relating to the public business thereof.
  14. ^ "A.R.S. § 41-193(A)(5) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [a]t the direction of the governor, or when deemed necessary, assist any of the county attorneys in the discharge of their duties.
  15. ^ "A.R.S. § 41-193(A)(6) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [m]aintain a docket of all proceedings in which the attorney general is required to appear, showing the condition thereof, the proceedings therein, the proceedings subsequent to judgment and the reasons for any delay of execution.
  16. ^ "A.R.S. § 41-193(A)(7) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [u]pon demand by the legislature, or either house or any member thereof, any public officer of the state or a county attorney, render a written opinion upon any question of law relating to their offices. Such opinions shall be public records.
  17. ^ "A.R.S. § 41-193(A)(8) | Department of law; composition; powers and duties". Arizona State Legislature. State of Arizona. Retrieved 4 February 2019. [The attorney general shall] [...] [p]erform other duties prescribed by law.
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