Pennsylvania Attorney General Explained

Post:Attorney General
Body:the Commonwealth of Pennsylvania
Flag:Seal of the Attorney General of Pennsylvania.svg
Flagcaption:Seal of the attorney general of Pennsylvania
Incumbent:Michelle Henry
Incumbentsince:January 17, 2023
Termlength:Four years
Formation:1683
Salary:$162,000 per year
Appointer:Direct popular vote

The Pennsylvania attorney general is the chief law enforcement officer of the Commonwealth of Pennsylvania. It became an elected office in 1980.[1] The current attorney general is Democrat Michelle Henry.

On August 15, 2016, then-Attorney General Kathleen Kane was convicted of criminal charges, including conspiracy, perjury, and obstruction of justice,[2] [3] and announced her resignation the following day, effective August 17.[4] Consequently, as the Solicitor General, Bruce Castor assumed the office as Acting Attorney General.[5] Governor Tom Wolf nominated Bruce Beemer to serve out the remaining balance of Kane's term which expired in January 2017. Democrat Josh Shapiro succeeded Beemer. Shapiro was elected governor in 2022, and appointed Michelle Henry as his successor in 2023. Henry was confirmed by the Pennsylvania Senate in her own right later that year.

Authority and responsibilities

The Commonwealth Attorneys Act of 1980[6] established the Office of Attorney General as an independent office headed by an elected attorney general.[7] The office has the responsibility for the prosecution of those crimes prosecuted by the commonwealth, including organized crime and public corruption, as well as civil litigation on behalf of some, but not all, commonwealth agencies and the civil enforcement of some commonwealth laws, including laws pertaining to consumer protection and charities. The attorny general may act on behalf of consumers to issue cease and desist orders.[8] [9] The attorney general represents the commonwealth in all actions brought by or against the commonwealth and reviews all proposed rules and regulations by commonwealth agencies.[10]

The attorney general also serves as a member of the Board of Pardons, the joint Committee on Documents, the Hazardous Substances Transportation Board, the Board of Finance and Revenue, the Pennsylvania Commission on Crime and Delinquency, the Civil Disorder Commission and the Municipal Police Officers Education and Training Commission.

List of attorneys general

There have been four styles of selection of Pennsylvania Attorney General. The first phase was colonial, with the first attorney general commissioned in 1683. At the outbreak of the Revolution, the sitting attorney general, a loyalist, fled, and new attorneys general were appointed, under the Constitution of 1776, by the state president (or vice-president) with the Supreme Executive Council. Under the new constitution of 1790, attorneys general were appointed by the governor, subject to approval by the legislature (similar to how the United States Attorney General is appointed by the president of the United States). This remained in the Constitutions of 1838, 1874, and 1968. In 1978, voters approved an amendment to the Pennsylvania Constitution making the office of the Pennsylvania Attorney General an elected position, effective as of the general election of 1980.

Note that before William Penn, there were attorneys general for New Sweden as early as 1643.[11]

Colonial attorneys general

Under the influence of David Lloyd, who served 1686 - 1710, Pennsylvania developed its first judicial system. Andrew Hamilton, who served 1717 - 1726, strongly influenced Pennsylvania law away from some aspects of the British system.

President/Council appointed attorneys general

ImageNameTook officeLeft officeComment
John Morris Jr.July 16, 1777November 1, 1777pro tem[12]
Jonathan D. SergeantNovember 1, 1777November 23, 1780Resigned[13]
William BradfordNovember 23, 1780 - Re-commissioned

Attorneys general appointed between 1791 and 1920

ImageNameTook officeLeft officeComment
William BradfordJune 9, 1791August 20, 1791Resigned[14]
Jared IngersollAugust 20, 1791May 10, 1800
Joseph B. McKeanMay 10, 1800July 22, 1808
Mahlon DickersonJuly 22, 1808January 9, 1809
Walter FranklinJanuary 9, 1809October 2, 1810Resigned[15]
Joseph ReedOctober 2, 1810January 26, 1811
Richard RushJanuary 26, 1811December 13, 1811
Jared IngersollDecember 13, 1811December 21, 1816
Amos EllmakerDecember 21, 1816July 7, 1819
Thomas SergeantJuly 7, 1819December 20, 1820
Thomas ElderDecember 20, 1820December 18, 1823
Frederick SmithDecember 18, 1823February 5, 1828Resigned[16]
Calvin BlytheFebruary 5, 1828May 6, 1828
Amos EllmakerMay 6, 1828August 17, 1829
Philip S. MarkleyAugust 17, 1829February 10, 1830
Samuel DouglasFebruary 10, 1830January 29, 1833
Ellis LewisJanuary 29, 1833October 14, 1833Resigned[17]
George M. DallasOctober 14, 1833December 1, 1835
James Todd[18] December 18, 1835April 2, 1838Resigned[19]
William B. ReedApril 2, 1838January 15, 1839
Ovid F. JohnsonJanuary 15, 1839January 21, 1845
John K. KaneJanuary 21, 1845June 17, 1846[20] Resigned[21]
John M. ReadJune 23, 1846December 18, 1846Resigned
Benjamin ChampneysDecember 18, 1846July 31, 1848
James CooperJuly 31, 1848December 30, 1848Resigned
Cornelius DarraghJanuary 4, 1849April 28, 1851
Thomas E. FranklinApril 28, 1851January 21, 1852
James CampbellJanuary 21, 1852March 8, 1853Resigned[22]
Francis Wade HughesMarch 14, 1853January 17, 1855
Thomas E. FranklinJanuary 17, 1855January 19, 1858
John C. KnoxJanuary 19, 1858January 16, 1861
Samuel A. PurvianceJanuary 16, 1861June 3, 1861
William M. MeredithJune 3, 1861January 16, 1867
Benjamin Harris BrewsterJanuary 16, 1867October 25, 1869Resigned
F. Carroll BrewsterOctober 26, 1869January 22, 1873
Samuel E. DimmickJanuary 22, 1873October 11, 1875Died in office
George LearDecember 7, 1875February 26, 1879
Henry W. PalmerFebruary 26, 1879January 17, 1883
Lewis C. CassidyJanuary 17, 1883January 18, 1887
William S. KirkpatrickJanuary 18, 1887January 10, 1891
W. U. HenselJanuary 10, 1891January 15, 1895
Henry Clay McCormickJanuary 15, 1895January 18, 1899
John P. ElkinJanuary 18, 1899January 21, 1903
Hampton L. CarsonJanuary 21, 1903January 16, 1907
Moses Hampton ToddJanuary 16, 1907January 17, 1911
John C. BellJanuary 17, 1911January 19, 1915
Francis Shunk BrownJanuary 19, 1915January 21, 1919
William I. SchafferJanuary 21, 1919December 14, 1920Resigned

Attorneys general appointed between 1920 and 1980

ImageNameTook officeLeft officeGovernor(s)
George E. AlterDecember 14, 1920January 16, 1923 William Sproul
George Washington WoodruffJanuary 16, 1923January 18, 1927 Gifford Pinchot
Thomas J. BaldrigeJanuary 18, 1927January 28, 1929[23]  John Stuchell Fisher
Cyrus E. WoodsJanuary 28, 1929November 1, 1930
William A. SchnaderNovember 1, 1930[24] January 15, 1935[25]
 Gifford Pinchot
Charles J. MargiottiJanuary 15, 1935[26] April 27, 1938 George Howard Earle III
Guy K. BardApril 27, 1938January 17, 1939
Claude T. RenoJanuary 17, 1939[27] December 31, 1942[28]  Arthur James
E. Russell ShockleyDecember 31, 1942January 19, 1943
James H. DuffJanuary 19, 1943[29] January 21, 1947[30]  Edward Martin
 John C. Bell Jr.
T. McKeen ChidseyJanuary 21, 1947July 5, 1950[31]  James H. Duff
Charles J. MargiottiJuly 5, 1950[32] March 2, 1951[33]
 John S. Fine
Robert E. WoodsideMarch 7, 1951October 1, 1953[34]
Frank TruscottOctober 13, 1953January 18, 1955
Herbert B. CohenJanuary 18, 1955[35] December 17, 1956 George M. Leader
Thomas D. McBrideDecember 17, 1956January 20, 1959
Anne X. AlpernJanuary 20, 1959August 28, 1961[36]  David L. Lawrence
David Henry StahlAugust 29, 1961January 15, 1963
Walter E. AlessandroniJanuary 15, 1963May 8, 1966[37]  William Scranton
Edward FriedmanMay 11, 1966January 17, 1967
William C. SennettJanuary 17, 1967July 3, 1970[38]  Raymond P. Shafer
Fred SpeakerJuly 4, 1970January 19, 1971
J. Shane CreamerJanuary 25, 1971December 31, 1972[39] [40]  Milton Shapp
Israel PackelJanuary 2, 1973December 23, 1974[41]
Robert P. KaneJanuary 6, 1975June 7, 1978[42]
Gerald GornishJune 7, 1978December 31, 1978
J. Justin Blewitt Jr. (acting)January 1, 1979[43] January 16, 1979
Edward G. Biester Jr.January 16, 1979May 19, 1980 Dick Thornburgh
Harvey Bartle IIIMay 20, 1980January 20, 1981

Occupants of the elected Pennsylvania Attorney General office (1981–present)

ImageNameTook officeLeft office
 LeRoy S. ZimmermanJanuary 20, 1981[44] January 17, 1989[45]
 Ernie PreateJanuary 17, 1989June 23, 1995[46]
 Walter W. Cohen (acting)June 26, 1995October 3, 1995[47]
 Tom CorbettOctober 3, 1995January 21, 1997
 Mike FisherJanuary 21, 1997December 15, 2003[48]
 Jerry PappertDecember 18, 2003January 18, 2005
 Tom CorbettJanuary 18, 2005January 18, 2011[49]
 William Ryan (acting)January 18, 2011May 27, 2011
 Linda KellyMay 27, 2011[50] January 15, 2013
 Kathleen KaneJanuary 15, 2013[51] August 17, 2016
 Bruce Castor (acting)August 17, 2016August 31, 2016
 Bruce BeemerAugust 31, 2016January 17, 2017
 Josh ShapiroJanuary 17, 2017January 17, 2023
 January 17, 2023
present

See also

External links

Notes and References

  1. Penn. Const. Art. 4, § 4.1
  2. News: Dale. Maryclaire. Pennsylvania Attorney General Kathleen Kane Found Guilty on All Charges in Perjury Trial. 16 August 2016. NBC 10 Philadelphia. Associated Press. 16 August 2016.
  3. News: Bidgood. Jess. Pennsylvania's Attorney General Is Convicted on All Counts. 16 August 2016. New York Times. New York Times. 16 August 2016.
  4. Web site: Pennsylvania attorney general resigning. Susannah Cullinane . Ralph Ellis. cnn.com.
  5. Bumsted, Brad, (19 July 2016), "Castor Next In Line to Be Pennsylvania Attorney General", Pittsburgh Tribune Review, Accessed September 20, 2016.
  6. 71 P. S. §732-101
  7. http://www.oit.state.pa.us/ogc/cwp/view.asp?a=3&Q=99956 OGC: Commonwealth Attorneys Act
  8. Web site: Total Home Protection To Pay $400K In Restitution, Revise Business Practices . 2024-06-20 . Pennsylvania Office of Attorney General . en.
  9. Web site: It’s All in the Family; AG Shapiro Nabs 2nd Scam Company in Seruya Family . 2024-06-20 . Pennsylvania Office of Attorney General . en.
  10. Web site: The Office: Attorney General Tom Corbett - Pennsylvania Office of Attorney General . 2008-01-24 . https://web.archive.org/web/20080110011438/http://www.attorneygeneral.gov/theoffice.aspx?id=168 . 2008-01-10 . dead .
  11. Web site: History of the Office of Attorney General. dead. https://web.archive.org/web/20060923051227/http://www.attorneygeneral.gov/theoffice.aspx?id=170. 2006-09-23.
  12. Morris was Clerk of the General Assembly
  13. Book: Pennsylvania Archives. 1858. 612.
  14. Bradford accepted state Supreme Court appointment
  15. Franklin accepted state judicial appointment
  16. Smith accepted a position as Justice on the state Supreme Court
  17. Lewis accepted a position as President Judge of the Eighth Judicial District
  18. See article for citations regarding the dates.
  19. Todd accepted a Philadelphia judicial appointment.
  20. This is the date of his judicial commission; there is no date listed in The Pennsylvania Manual.
  21. Kane accepted a federal judiciary appointment.
  22. Campbell accepted the position of U. S. Postmaster General.
  23. Resigned
  24. News: Schnader Takes Oath. International News Service. Chester Times. 8. November 1, 1930. November 15, 2012. William A. Schnader, named attorney-general of Pennsylvania Wednesday to succeed Cyrus E. Wood when the latter resigned, took the oath of office at noon at the capital today..
  25. News: Forms Law Firm. William A. Schnader, who relinquishes the office of attorney general in Governor Pinchot's cabinet tomorrow…. January 14, 1935. Chester Times. November 15, 2012. 1.
  26. Book: Official Opinions of the Attorney General of Pennsylvania for the Years 1937 and 1938 . Charles J. Margiotti, Attorney General (January 15, 1935 to April 27, 1938); Guy K. Bard, Attorney General (April 27, 1938 to January 17, 1939) . November 15, 2012 . 1939 . Commonwealth of Pennsylvania . https://web.archive.org/web/20120305131729/http://search.attorneygeneral.gov/Documents/AG%20Opinions/PA_Official_Opinions_of_the_Attorney_General_1937-1938.pdf . March 5, 2012 . dead .
  27. News: 14 New Cabinet Members Safe; Two Are Held Up. Chester Times. 2. November 14, 2012. January 18, 1939. United Press.
  28. News: Harrisburg Man to Fill Reno's Place; E. Russel Shockley Is New Attorney General. International News Service. New Castle News. 7. December 31, 1942.
  29. News: Martin Picks Duff, Neel For Cabinet. Pittsburgh Post-Gazette. January 14, 1943. November 14, 2012. John E.. Jones. 1.
  30. News: Chester Times. January 22, 1947. Blast Chesnut, Wilhelm, Smock Appointments. November 14, 2012. p. 2, no. 9. United Press.
  31. News: Margiotti To Send Aide to Job Probe. Pittsburgh Press. 6. July 5, 1950. November 14, 2012.
  32. Web site: Office of Attorney General . . https://www.webcitation.org/6C39KfCaJ?url=http://www.psp.state.pa.us/portal/server.pt/gateway/PTARGS_0_2_54553_7550_515532_43/http;/pubcontent.state.pa.us/publishedcontent/publish/cop_general_government_operations/dgs/community_content/publications_and_media_services/subcommunities/publications . November 9, 2012 . November 9, 2012 . dead .
  33. News: Pittsburgh Post-Gazette. Margiotti Bows Out Of Cabinet. Associated Press. 2. March 3, 1951. November 9, 2012.
  34. Book: Official Opinions of the Attorney General of Pennsylvania for the Years 1953 and 1954 . Robert E. Woodside (Resigned October 1, 1953); Frank F. Truscott (Commissioned October 13, 1953) . November 9, 2012 . 1954 . Commonwealth of Pennsylvania . https://web.archive.org/web/20120305111914/http://search.attorneygeneral.gov/Documents/AG%20Opinions/PA_Official_Opinions_of_the_Attorney_General_1953-1954.pdf . March 5, 2012 . dead .
  35. Book: Official Opinions of the Attorney General of Pennsylvania for the Years 1955 and 1956 . Herbert B. Cohen (Commissioned January 18, 1955, Resigned December 17, 1956); Thomas D. McBride (Commissioned December 17, 1956) . November 9, 2012 . 1956 . Commonwealth of Pennsylvania . https://web.archive.org/web/20120305152204/http://search.attorneygeneral.gov/Documents/AG%20Opinions/PA_Official_Opinions_of_the_Attorney_General_1955-1956.pdf . March 5, 2012 . dead .
  36. Book: Opinions of the Attorney General of Pennsylvania: 1961–1962 . Anne X. Alpern (Resigned August 28, 1961); David Stahl (Commissioned August 29, 1961) . November 9, 2012 . 1962 . Commonwealth of Pennsylvania . https://web.archive.org/web/20120305113805/http://search.attorneygeneral.gov/Documents/AG%20Opinions/PA_Official_Opinions_of_the_Attorney_General_1961-1962.pdf . March 5, 2012 . dead .
  37. Book: Opinions of the Attorney General of Pennsylvania: 1963–1966 . Walter E. Alessandroni (Died May 8, 1966); Edward Friedman (May 11, 1966 to January 17, 1967) . November 9, 2012 . 1966 . Commonwealth of Pennsylvania . https://web.archive.org/web/20120305131826/http://search.attorneygeneral.gov/Documents/AG%20Opinions/PA_Official_Opinions_of_the_Attorney_General_1963-1966.pdf . March 5, 2012 . dead .
  38. Commonwealth v. Rozier. 67. Pa. D. & C. 2d. 536. 539. Common Pleas Court of York County, Pennsylvania,. 1974. …he went out of office on July 3, 1970. http://www.leagle.com/xmlResult.aspx?page=2&xmldoc=197460367PaDampC2d536_1511.xml&docbase=CSLWAR1-1950-1985. November 9, 2012.
  39. News: 2 Crime Unit Members Ousted In Pennsylvania. November 9, 2012. January 2, 1973. Toledo Blade. 7. Associated Press. On Sunday, Gov. Milton J. Shapp…forced the resignation of Attorney General J. Shane Creamer…..
  40. News: Probe Centers on Free Booze Charge. Pittsburgh Press. September 6, 1973. 2. John. Taylor. …Creamer was ousted last Dec. 31. November 9, 2012.
  41. News: Shapp Names Kane As New Attorney General. …Israel Packel, who submitted his resignation letter Monday.. 2. The News-Dispatch. December 27, 1974. November 9, 2012. United Press International.
  42. News: Gerald Gornish Takes Attorney General Post. November 9, 2012. June 8, 1978. Observer–Reporter. A-6. Associated Press. Kane bowed out quietly Wednesday…..
  43. Book: Opinions of the Attorney General of Pennsylvania: 1979–1981 . J. Justin Blewitt, Jr., acting Attorney General (January 1, 1979 to January 16, 1979); Edward G. Biester, Jr., Attorney General (January 16, 1979 to May 19, 1980); Harvey Bartle III, Attorney General (May 20, 1980 to January 20, 1981) . November 9, 2012 . 1981 . Commonwealth of Pennsylvania . https://web.archive.org/web/20120305112727/http://search.attorneygeneral.gov/Documents/AG%20Opinions/PA_Official_Opinions_of_the_Attorney_General_1979-1981.pdf . March 5, 2012 . dead .
  44. News: Jensen. Edward. Three state officials take oaths of office. November 13, 2012. Pittsburgh Post-Gazette. January 21, 1981. 5.
  45. News: Casey welcomes Knoll, Hafer, Preate to office. November 13, 2012. Pittsburgh Post-Gazette. January 18, 1989. Associated Press. 1.
  46. News: Preate Is Gone But Not Quite Forgotten The Attorney General's Resignation Became Official Yesterday . Robert . Moran . June 24, 1995 . . A-1 . November 13, 2012 . https://web.archive.org/web/20160304091448/http://articles.philly.com/1995-06-24/news/25692837_1_ernie-preate-robert-r-gentzel-attorney-general-preate . March 4, 2016 . dead .
  47. News: 1. Reading Eagle. Corbett sworn in, pledges review of probe. John D. Jr.. Forester. October 4, 1995. November 13, 2012.
  48. News: Torsten. Ove. December 16, 2004. Fisher sworn in as federal judge. Pittsburgh Post-Gazette. November 13, 2012.
  49. News: Brad . Bumsted . Mike . Wereschagin . January 18, 2011 . Corbett promises fiscal discipline, responsible government as he takes oath . . November 13, 2012 . March 3, 2016 . https://web.archive.org/web/20160303221307/http://triblive.com/x/pittsburghtrib/news/election/s_718706.html . dead .
  50. November 13, 2012 . May 27, 2011 . Linda L. Kelly becomes Pennsylvania Attorney General . Pennsylvania Attorney General . https://web.archive.org/web/20120902004137/http://www.attorneygeneral.gov/press.aspx?id=6120 . September 2, 2012 . Attorney General Linda L. Kelly took the oath of office today during a private ceremony in Harrisburg, officially assuming the powers and duties of Pennsylvania's top law enforcement officer. . dead .
  51. News: Olson. Laura. Three Democratic row officers sworn in. Pittsburgh Post-Gazette. January 15, 2013.