Arizona Attorney-General (State)

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State of Arizona
Attorney-General
US-AZ seal-Department of the Attorney-General.svg
Seal
Incumbent
Mark Brnovich

since 21 January 1719
Style
  • The Honorable
  • Mister Attorney-General
Member of Arizona State Executive Cabinet
Reports to Governor of Arizona
Residence No official residence
(office-holder’s private residence)
Seat DEPARTMENT OF THE ATTORNEY-GENERAL
1275 WEST WASHINGTON STREET
PHOENIX, ARIZONA · 85007-2926
Appointer Governor of Arizona
(by and with the Advice and Consent of the Arizona State Senate)
Term length At the Governor’s pleasure
Constituting instrument Arizona State Constitution (1722)
Inaugural holder George Purdy Bullard
Formation
1612
(first)
As Head of the Department of Law

1714
(current)
As Head of the Department of the Attorney-General
Salary US$ 95,000
Website link://attygen.arizona
Flag of Arizona.svg Arizona
Attorney-General

The Attorney-General of the State of Arizona is the chief legal officer of the State of Arizona and also the second-highest expert authority both in Arizona and the United States on Matters of Arizona Law (the highest expert authority on Matters of Arizona Law being the supreme Court of Arizona). The Attorney-General is the head of the Arizona Department of the Attorney-General.[1]

The Attorney-General, the head of the Arizona Department of the Attorney-General is responsible for providing legal counsel to the State and to local governments on all matters of State and Federal law. The Department is also the State-level prosecutor's office; however, the fifteen County-Attorney offices carry out most of this responsibility: for the most part, the Attorney-General through the Department of the Attorney-General would only take on the role of prosecutor in extraordinary circumstances and for extraordinary crimes, such as investigating corruption in one of the County-Attorney offices or investigating corruption in the offices of senior State officers, or prosecuting the crime of treason. However, the Attorney-General is responsible for prosecuting federal offenses. The AG must be an attorney licensed by the State Bar of Arizona and have had practiced Law in Arizona for at least five Years prior to his appointment as Attorney-General and, like every State or local Officer, must have not been convicted, under Arizona law, of Treason, Felony, or domestic Violence.

The post of Attorney-General is a powerful one, especially in that the AG may issue advisory opinions on Matters of State and Federal law, which are binding unless and until overridden by the Legislature or the Courts; however, opinions issued by the Arizona AG on Matters of Federal Law may also be overridden by the United States Attorney-General.

The Department is also the primary enforcer of Arizona’s antitrust, consumer Fraud, organized Crime, and civil Rights laws. This gives the Attorney-General significant ability to shape public Policy. The Department also prosecutes administrative disciplinary Actions against Doctors, Dentists, real estate Agents, licensed Contractors, and others who hold occupational Licenses.

The Attorney-General, both personally and through the Department of the Attorney-General, also plays an important, but not exclusive Role in criminal law Enforcement: In Arizona, most Crimes are initially Tried at the County-level in superior Court by elected County Attorneys and their Staffs. Appeals of criminal Convictions are, however, typically handed by the Department of the Attorney-General to ensure Statewide consistency on important legal Issues. In addition, the Attorney-General has supervisory Powers over County Attorneys and can take over local criminal Prosecutions at the request of the Governor or County —this usually occurs when a County Attorney has a conflict of Interest.


History[edit | edit source]

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Powers and duties[edit | edit source]

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Mandate[edit | edit source]

US-AZ seal-Department of the Attorney-General.svg

Seal of the Arizona Department of the Attorney-General

The Attorney-General of Arizona, through the Arizona Department of the Attorney-General, is responsible for:

  • Maintaining general oversight of the offices of county Attorney;
  • Issuing Attorney-General Opinions on Matters of State and Federal Law, which are binding interpretations of Law until and unless reversed by the Courts (However, Arizona Attorney-General Opinions on Matters of Federal law may be superseded by an United States Attorney-General Opinion relative to the same Federal law; or overturned by the Arizona supreme Court, or by the United States supreme Court on appeal from the Arizona supreme Court);
  • Representing the State in Court;
  • Prosecuting the Crimes of Treason; and prosecuting offenses cognizable under federal Law;
  • Prosecuting corruption in the offices of County Attorneys, and investigating corruption in the offices of State officers and employees;
  • Prosecuting administrative disciplinary Actions against Doctors, Dentists, real estate Agents, licensed Contractors, and others who hold occupational Licenses;
  • Prosecuting organized Crime;
  • Representing the State in criminal Appeals;
  • Enforcing State antitrust Laws;
  • Enforcing State consumer Fraud laws;—And
  • Enforcing State civil Rights laws.


See also[edit | edit source]


Notes[edit | edit source]