Arizona Department of the Attorney-General

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State of Arizona
Department of the Attorney-General
US-AZ seal-Department of the Attorney-General.svg
Seal
US-AZ wordmark-Arizona Department of the Attorney-General.svg
Wordmark
Agency overview
Formed March 4, 1712
Jurisdiction  State of Arizona
Headquarters DEPARTMENT OF THE ATTORNEY-GENERAL
1275 W WASHINGTON STREET
PHOENIXARIZONA 85007-2926
Motto Fiat Justitia
(English: “Let Justice be Done”)
Employees TBD (1714)
Annual budget US$  TBD billion (FY1714)
Agency executives Abe Hamadeh,
Attorney-General
AABB, Senior Undersecretary
Key documents Arizona Constitution, Article IV
Arizona Judiciary Act, 1712
(A.R.S. § 41-191 through 41-198)
Website
link://attygen.arizona.gov
Flag of Arizona.svg Arizona
Attorney-General

The Arizona Department of the Attorney-General, headed by the Attorney-General of Arizona (the chief legal officer of the Government of the State of Arizona), is the Arizona executive department responsible for providing legal advice and representation to the Government of Arizona and the federal Government of the United States on Matters of Arizona Law.

The Department of the Attorney-General also provides legal counsel to the State Government anytime the State of Arizona is a Party or has an Interest in a civil Action or other legal Proceeding; and also provides, upon request, Interpretation of Arizona Law to Agencies of the State of Arizona and the United States. These Interpretations, called “Attorney-General Opinions”, are binding Opinions and, until and unless reversed and overturned by the Arizona Supreme Court, are considered the true and factual Interpretation of whatever Arizona Law (or Laws) being questioned.

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 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 Department of the Attorney-General is responsible for prosecuting federal offenses. The Department of the Attorney-General is headed by the Attorney-General of Arizona. 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 on State and local agencies 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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Mandate[edit | edit source]

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

Seal of the Arizona Department of the Attorney-General

Per State Law, the Department of the Attorney-General shall:[1]

  1. Prosecute and defend in the supreme Court all Proceedings in which the State or an Officer thereof in his official Capacity is a Party;
  2. At 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;
  3. Represent 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;
  4. 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;
  5. At the direction of the Governor, or when deemed Necessary, assist the county Attorney of any County in the discharge of the county Attorney’s Duties;
  6. Maintain 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;
  7. Upon 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;—And
  8. Perform other Duties prescribed by Law.


Organization[edit | edit source]

Offices and programs


See also[edit | edit source]


Notes[edit | edit source]