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The Attorney General represents and defends State agencies in legal proceedings such as lawsuits or appeals, while also providing formal legal opinions to State officers or legislative bodies on request.
Criminal investigations of suspect pharmacists, Ponzi schemers and sellers of Salvador Dali lithographs fall within this mandate; but more broadly speaking the AG also plays an essential role in major policy matters.
State Attorneys General, commonly referred to as “people’s lawyers”, are charged with upholding the rule of law. As counselors to state agencies and legislatures, as well as acting as advocates on consumer protection issues such as antitrust regulation or worker protections – State Attorneys General are vital players in upholding justice in society. Their main function is prosecuting criminal cases while upholding laws, proposing legislation and running victim compensation programs while offering formal legal opinions for public advocacy of consumer, worker protection issues.
Civil and criminal prosecutions may be filed upon referral by other agencies; additionally, they have original jurisdiction over some forms of crimes like securities fraud and complex financial crimes. They must review and approve all contracts or agreements entered into by the State (including international treaties or conventions), review contracts entered into with third-parties that require approval, as well as institute quo warranto proceedings to remove from office any official who has committed misfeasance or nonfeasance while serving their office.
The attorney general reviews legislation passed by the State Legislature and vetoes any bills which he believes violate the Constitution or federal statutes, or agreements entered into which violate them. He also provides formal legal opinions at the request of Governor, Legislature, State Board of Education, auditor, treasurer and secretary of state as well as heads of various state departments and prosecuting attorneys.
New Jersey Attorney General’s Office oversees 49 professional licensing boards that regulate 750,000 individuals and businesses throughout New Jersey. Furthermore, they administer Victims of Crime Compensation Program and seek federal grants for various law enforcement initiatives.
At the core of an attorney general’s office is its criminal prosecution division, charged with prosecuting violations of state and federal law. This division handles offenses such as white collar crime, murder, kidnapping and terrorism as well as misdemeanor cases like misdemeanor theft or petty larceny cases. Furthermore, this office maintains a unit dedicated to monitoring Medicaid providers and investigating residential juvenile facilities.
In addition, the office may pursue lawsuits on behalf of both New York state and its citizens. Recently, for example, New York attorney general Eric Schneiderman sued pharmaceutical manufacturers and won a settlement requiring them to inform patients of potential risks before prescribing certain drugs. Furthermore, it has filed suits under Environmental Protection Agency Clean Air and Water Act; filed actions against COVID-19 testing centers violating Consumer Protection Act; as well as advocated for worker protection standards that reflect changing working conditions related to climate change.
Attorneys general have an array of issues they can tackle that have an effect on policy and people’s lives, from investigating crimes or schemes, and sometimes civil actions against corporations and individuals who break state laws, to serving as legal advisors for state agencies as their general counsels. Their independence varies significantly based on resources, structures, and politics – depending on which resource, structure or political factors prevail within an office – both independently prosecuting cases independently and as public advocates.
Attorney general’s offices often make headlines when they break up crime rings that span multiple counties or states, such as drug trafficking and child pornography operations that resulted in over 150 arrests last year in Pennsylvania alone. Furthermore, these offices conduct or assist criminal investigations into gang activities, organized crime and public corruption as well as investigating fraud against taxpayers and public employee pension systems, environmental violations, identity theft and tax evasion among other crimes.
Other areas in which the office focuses are on consumer complaints reduction and public safety protection. They have units dedicated to antitrust litigation, environmental hazards and healthcare provider merger investigations; as well as screening regulations and contracts for state use as well as providing legal opinions for state officers, legislators and county attorneys on legal questions that arise.
This office also represents the state in legal actions brought against it, such as civil rights and constitutional cases, when named as defendant. When possible, they also attempt to settle lawsuits out-of-court by filing “nolle prosequi” or statement of non-prosecution (an authoritative statement declaring that the state no longer wishes to pursue a case).
When the office can’t settle a case on its own, it acts on behalf of the state to litigate it – although not providing individual citizens with private legal advice. Instead, cases which benefit all citizens are accepted.
The attorney general’s office works in collaboration with federal investigators and prosecutors on complex criminal cases. For example, it recently filed a complaint in state’s labor division against a company for paying employees less than minimum wage, an issue which has recently gained prominence across the country.
Attorneys General are the legal officers of their states, commonwealths and territories and serve as both advisors to state government agencies and legislatures as well as representatives for the public interest. They investigate crimes that affect vulnerable populations while working against fraud. Listen to NAAG’s The People’s Lawyer podcast episode for more insight into their varied responsibilities and duties; including consumer protection issues, antitrust enforcement efforts and criminal justice matters.
One of the key functions of the Office is advising the Governor and Members of the Legislature on legal questions submitted to them, from legislative drafting to informal guidance provided during committee deliberations sessions. Furthermore, they provide legal opinions to various state agencies as requested.
The office also works to defend state agencies when they are sued, including protecting them when pursuing enforcement actions against companies that break state law – whether those enforcement actions occur locally or nationally; investigations of civil rights laws, environmental regulations, healthcare legislation or labor/securities acts could all fall within its purview.
DCA allows the attorney general to oversee 49 professional licensing boards that regulate approximately 750,000 individuals and businesses in New Jersey. From accountants to veterinarians, the boards oversee occupations ranging from accounting to veterinary work – with DCA working hard to ensure these licensees comply with all relevant laws and regulations.
As well as overseeing these agencies, this office also collects court-ordered child support on behalf of the Department of Social Services, enforces state civil rights laws through its Criminal Prosecution Unit and administers grants designed to reduce crime through its Sexually Violent Predator Civil Commitment Program and assist with prosecuting cases related to child abuse or domestic violence prosecution. Furthermore, this office acts as a conduit for federal grants supporting law enforcement programs or victims of crime services.
The attorney general serves as the lead prosecutorial authority in federal courts, oversees jails and prisons across the nation, investigates suspected violations of federal laws and presents cases before the Supreme Court of the United States. They also manage the Department of Justice – an enormous executive branch with hundreds of prosecutors, thousands of legal staff members and over 20 litigating divisions – overseen by them.
The office of the attorney general may elect to appeal a ruling or order issued by a lower court or administrative agency. An appeal involves reviewing this decision in court with briefs submitted directly to judges hearing the case; appeals can either be discretionary or mandatory depending on local laws regulating them, so individuals seeking advice when considering whether to pursue an appeal should consult an attorney about their options before making their own decisions about pursuing one or not.
Appeal hearings typically involve panels of three judges. The party seeking the appeal, known as the appellant, presents their legal arguments to these judges in written form through a brief. Their purpose is to persuade the panel that trial court made an error which should lead them to reverse its decision; while opposing parties – known as appellees – attempt to convince them the trial court did nothing wrong by their argumentation in response.
When the United States Attorney’s office handles a trial-level case and an appeal is filed, that office should immediately inform the Director of Appellate Staff so they may consult on and secure authorization from Solicitor General. Draft briefs from Appellate Staff should also be sent back for review by United States Attorney’s office for comment or approval.
Once the Appellate Section and United States Attorney have reviewed their recommendations regarding a matter, an Assistant Solicitor General reviews these, writes a memo to the Solicitor General outlining these, and makes a final determination as to whether or not an appeal should proceed (except in sentencing guidelines cases which go directly to them). If the Solicitor General declines an appeal then their Deputy Solicitor General will determine which appellate office should handle it.