Arizona Attorney General Explained

Post:Attorney General
Body:Arizona
Insignia:Seal of the Attorney General of Arizona.jpg
Insigniacaption:Seal of the attorney general of Arizona
Incumbent:Kris Mayes
Incumbentsince:January 2, 2023
Style:The Honorable
Termlength:Four years; renewable once consecutively
Residence:Phoenix, Arizona
Formation:1912
Deputy:None
Salary:$90,000

The Arizona attorney general is the chief legal officer of the State of Arizona, in the United States. This state officer is the head of the Arizona Department of Law,[1] 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.[2]

Headed by the attorney general of Arizona,[3] the Arizona Attorney General's Office is the largest law office in the state, with approximately 400 attorneys and 1,000 employees., the Attorney General's Office is divided into the following divisions:[4] [5]

Qualifications

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

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

ImageNameTerm of Office
Coles Bashford1864–1866
John A. Rush1866–1867
Granville Henderson Oury1869
J. E. McCaffryca. 1872
Clark Churchill1884–1887
Briggs Goodrich1887–1888
John A. Rush1888–1889
Clark Churchill1889–1892
William Herring1892–1893
John C. Herndon1893
Francis J. Heney1893–1895
Thomas D. Satterwhite1895–1896
John Frank Wilson1896–1897
C. M. Frazier1898
Charles F. Ainsworth1898–1902
Edmund W. Wells1902–1904
Joseph H. Kibbey1904–1905
E. S. Clark1905–1910
John B. Wright1910–1912

State of Arizona

Parties
ImageNamePolitical PartyTerm of Office
1George Purdy BullardDemocratic1912–1915
2Wiley E. JonesDemocratic1915–1921
3W. J. GalbraithRepublican1921–1923
4John W. MurphyDemocratic1923–1928
5K. Berry PetersonDemocratic1928–1933
6Arthur T. LaPradeDemocratic1933–1935
7John L. SullivanDemocratic1935–1937
8Joe ConwayDemocratic1937–1944
9John L. SullivanDemocratic1944–1948
10Evo Anton DeConciniDemocratic1948–1949
11Fred O. WilsonDemocratic1949–1953
12Ross F. JonesRepublican1953–1955
13Robert MorrisonDemocratic1955–1959
14Wade ChurchDemocratic1959–1961
15Robert PickrellRepublican1961–1965
16Darrell F. SmithRepublican1965–1968
17Gary K. NelsonRepublican1969–1974
18N. Warner LeeRepublican1974–1975
19Bruce BabbittDemocratic1975–1978
20Jack LaSotaDemocratic1978–1979
21Robert K. CorbinRepublican1979–1991
22Grant WoodsRepublican1991–1999
23Janet NapolitanoDemocratic1999–2003
24Terry GoddardDemocratic2003–2011
25Tom HorneRepublican2011–2015
26Mark BrnovichRepublican2015–2023
27Kris MayesDemocratic2023–present

External links

Notes and References

  1. Web site: A.R.S. §41-193 Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 18 January 2019 . AZAG-power_ARS41-193 . 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)..
  2. Web site: Constitution of Arizona: Article V, Section 6. Arizona Legislature. August 22, 2019.
  3. Web site: 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 . 18 January 2019 . AZAG-power_ARS41-192 . 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)..
  4. Web site: About the Office of Attorney General . Arizona Attorney General's Office . State of Arizona . 18 January 2019 . AZAG-about.
  5. Web site: Arizona Attorney General's Office AGO Organization . Arizona Attorney General . State of Arizona . January 18, 2019 . AZAG-OrgChart2019 . January 14, 2019.
  6. Web site: Arizona Constitution, article 5, section 2 . Arizona State Legislature . State of Arizona . 18 January 2019 . AZAG-eligibility . 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. Web site: A.R.S. §41-191(A) Attorney general; qualifications; salary; assistants; fees; exceptions; outside counsel . Arizona State Legislature . State of Arizona . 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. Web site: State ex rel. Sawyer v. LaSota, 119 Ariz. 253 (1978) . Court Listener . Free Law Project . 18 January 2019.
  9. Web site: Arizona Constitution, Article V, §9 . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(1) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(2) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(3) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(4) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(5) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(6) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(7) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 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. Web site: A.R.S. § 41-193(A)(8) Department of law; composition; powers and duties . Arizona State Legislature . State of Arizona . 4 February 2019 . [The attorney general shall] [...] [p]erform other duties prescribed by law..

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