The attorney general of Georgia is a statewide elected attorney and legal advisor for the executive branch of the U.S. state of Georgia. They are a constitutional officer responsible for providing opinions on legal questions concerning the state, prosecuting public corruption cases, overseeing contracts on behalf of the state, representing the state in all civil cases, in all capital felony appeals, in all cases appearing before the Supreme Court of the United States, and leading the Georgia Department of Law. They may also initiate civil or criminal actions on behalf of the State of Georgia when requested to do so by the governor.

The office dates back to Georgia's colonial history, with the first attorney general, William Clifton, being appointed by King George II in 1754. The attorney general is elected to a four-year term at the same time as elections are held for governor of Georgia and other offices.

The current attorney general of Georgia is Christopher M. Carr. Carr was appointed by Governor Nathan Deal following the resignation of Sam Olens, who was officially appointed to the office of president of Kennesaw State University on November 1, 2016. Carr completed Olens' unexpired term, which expired in January 2019. Carr was re-elected to a four-year term in Georgia's 2018 statewide elections and was reelected in the 2022 Georgia statewide elections.

History

The office of attorney general originated during Georgia's royal colony period. The prominent English attorney William Clifton was appointed as the first "attorney for the State" by King George II in 1754. Clifton served in this position until 1764, and until 1777 continued to be appointed by the king. The office was officially established in the state's first constitution of 1777, where it was referenced as one of the officers which should be present in front of the Supreme Court of Georgia when it was sitting. In this Constitution, if the attorney for the State was not present, the justices collectively appointed a new one pro tempore for that session.

The name of "attorney general" was first constitutionally referenced in the constitution of 1789. The constitution of 1868 first officially established the office and term, designating it as an appointed office.:23 The constitution of 1877 subsequently established the office as an elective position, and synchronized its term with that of the Governor.

The Georgia Department of Law was officially established by the Georgia General Assembly in 1931 to assist the attorney general in their duties. It was also given the jurisdiction to handle all "matters of law relating to every department of the State other than the Judicial and Legislative branches thereof." Interestingly, the act also prohibited state agencies and boards from employing their own counsel. The department was also tasked with assisting the General Assembly with all legal matters until 1959, when the legislature established the Office of Legislative Counsel.

In modern times, the office of the attorney general has a much more constrained jurisdiction, with a large function of the office being in providing legal advice through official and unofficial opinions. The office does still take over investigations and prosecution efforts when deemed of special importance.

Qualifications and Term

Article V, Section III, Paragraph I, of the Constitution of Georgia establishes the elected nature of the office, and its four year term of office. Paragraph II provides that, to be eligible for the office of attorney general, an individual needs to meet the following qualifications:

• Have been a citizen of the United States for the past 10 years;

• Have been a legal resident of Georgia for 4 years;

• Be at least 25 years old;

• Take the oath of office; and

• Have been an active-status member of the State Bar of Georgia for 7 years.

Duties and Powers

Article V, Section III, Paragraph IV, of the Constitution of Georgia provides that "[t]he Attorney General shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall be required by law." According the statute, the general duties of the attorney general are as follows:

• Give his opinion, in writing, on any question of law connected with the interest of the state or with the duties of any of the departments;

• When necessary, prepare all contracts and writings in relation to any matter in which the state is interested;

• Appear on behalf of the State in the prosecution of a district attorney; and

• Perform all other duties as required by law.

The attorney general is also given the authority to:

• Employ private counsel for executive departments and agencies;

• Start investigations into any executive department or agency;

• Administer oaths and issue subpoenas in regards to official investigations of executive departments and agencies; and

• Appoint or contract attorneys to assist in carrying out their duties.

As is established by law, the attorney general cannot investigate or issue subpoenas against any member of the General Assembly while it is in session, and can be investigated by the Governor or General Assembly.

List of attorneys general, 1754–present

Pre-statehood

Post-statehood

References

External links

• Georgia Attorney General articles at ABA Journal

• News and Commentary at FindLaw

• Georgia Code at Law.Justia.com

• U.S. Supreme Court Opinions - "Cases with title containing: State of Georgia" at FindLaw

• State Bar of Georgia

• Georgia Attorney General Sam Olens profile at National Association of Attorneys General

• Press releases at Georgia Attorney General's office