Attorney General of Mississippi
The attorney general of Mississippi is a statewide elected office in the U.S. state of Mississippi. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and bringing lawsuits on behalf of the state. They serve a four-year term with no term limits.
| Attorney General of Mississippi | |
|---|---|
Seal of the attorney general | |
| Term length | 4 years |
| Formation | 1818 |
| First holder | Lyman Harding |
| Salary | $108,960 annually |
| Website | ago |
The office was created by 1817 Constitution of Mississippi as a legislatively-elected position with a one-year term. In 1832 the office was made popularly-elective and the term was extended. All attorneys general from 1878 to 2020 were Democrats. The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020.
History edit
The 1817 Constitution of Mississippi provided for an attorney general to be elected by the Mississippi State Legislature for a one-year term.[1] The legislature elected Mississippi's first attorney general, Lyman Harding, on January 21, 1818.[2] Under the constitution of 1832, the term was extended to four years and the officer was made popularly-elective.[3]
The 1890 state constitution maintained the attorney general of Mississippi as a popularly-elected executive official with a four-year term.[4] The document also made the officer an ex officio member of the State Board of Education. In 1982 the constitution was amended, removing the attorney general from the board effective July 1, 1984.[5] From 1878 until 2020, all Mississippi attorneys general were Democrats.[6][7] The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020. She is the first woman to hold the position.[8]
Powers and responsibilities edit
Like the seats in the Mississippi State Legislature and the other seven statewide-elected offices, the Mississippi attorney general is popularly elected every four years in the November preceding a United States presidential election year.[9] There are no term limits for the holder of the office.[10] Candidates for the office must meet the same constitutional qualifications as candidates for circuit court and chancery court judges;[11] they must be at least 26 years old, have lived in the state for at least five years, and have practiced law for at least five years.[12] The attorney general's salary is determined by law.[11] It is currently fixed at $108,960 per year, but is set to increase to $150,000 annually in 2024.[13]
The attorney general is the chief legal officer of the state and serves as the state's lawyer,[14] representing its agencies, boards, and commissions in legal capacities.[15] The attorney general's office also represents district attorneys and local judges in civil litigation,[16] though it is forbidden by law from providing counsel to defendants in criminal cases.[17] Only their office can bring or defend a lawsuit on behalf of the state,[14] though they may retain private counsel to work on their own behalf in such instances.[18] They are also empowered to appoint special investigations and prosecutors to try criminal cases on behalf of the state, and may—at their own discretion—assume responsibility for the prosecution of a crime in the event a local district attorney recuses themselves from proceedings.[19] The attorney general is responsible for appointing the state's solicitor general.[20][21][a] They are empowered by law to issue advisory opinions on questions of state law to statewide elected officials, legislators, state agencies, judges, and some local officials.[22][23] They can also exercise powers under common law.[11]
The Office of the Attorney General of Mississippi is split into 16 divisions.[14] The main facilities of the attorney general and their staff are located in Jackson, though a satellite office is maintained in Biloxi and another is planned to be opened in Oxford.[24] As of February 2023, the agency employs about 300 people, including attorneys and law enforcement officers.[25]
List of attorneys general edit
| No. | Attorney General | Term in office | Party | Source | |
|---|---|---|---|---|---|
| 1 | Lyman Harding | 1818 – 1820 | Democrat-Republican | [26] | |
| 2 | Edward Turner | 1820 – 1821 | Democrat-Republican | [26] | |
| 3 | Thomas Buck Reed | 1821 – 1825 | Democrat-Republican | [26] | |
| 4 | Richard Stockton | 1825 – 1828 | Jacksonian Democrat | [26] | |
| 5 | George Adams | 1828 – 1829 | Jacksonian Democrat | [26] | |
| 6 | Robert H. Buckner | 1829 – 1830 | Democratic | [26] | |
| 7 | R. M. Gaines | 1830 – 1834 | Democratic | [26] | |
| 8 | M. D. Patton | 1834 – 1837 | Democratic | [26] | |
| 9 | T. F. Collins | 1837 – 1841 | Democratic | [26] | |
| 10 | John D. Freeman | 1841 – 1850 | Democratic | [26] | |
| 11 | David C. Glenn | 1850 – 1857 | Democratic | [26] | |
| 12 | T. J. Wharton | 1857 – 1865 | Democratic | [26] | |
| 13 | Charles E. Hooker | 1865 – 1868 | Democratic | [26] | |
| 14 | Jasper Myers | 1868 – 1870 | Democratic | [26] | |
| 15 | Joshua S. Morris | 1870 – 1874 | Republican | [26][27] | |
| 16 | George E. Harris | 1874 – 1878 | Republican | [26] | |
| 17 | Thomas C. Catchings | 1878 – 1885 | Democratic | [26] | |
| 18 | Thomas S. Ford | 1885 – 1886 | Democratic | [26] | |
| 19 | T. Marshall Miller | 1886 – 1893 | Democratic | [26] | |
| 20 | Frank Johnston | 1893 – 1896 | Democratic | [26] | |
| 21 | Wiley N. Nash | 1896 – 1900 | Democratic | [26] | |
| 22 | Monroe McClurg | 1900 – 1903 | Democratic | [26] | |
| 23 | William Williams | 1903 – 1907 | Democratic | [26] | |
| 25 | Robert Virgil Fletcher | 1907 – 1908 | Democratic | [26] | |
| 26 | J. Bowman Sterling | 1908 – 1910 | Democratic | [26] | |
| 27 | Shepherd Spencer Hudson | 1910 – 1912 | Democratic | [26] | |
| 28 | Ross A. Collins | 1912 – 1920 | Democratic | [26] | |
| 29 | Frank Roberson | 1920 – 1923 | Democratic | [26] | |
| 30 | Clayton D. Potter | 1923 – 1924 | Democratic | [26] | |
| 31 | Rush Hightower Knox | 1924 – 1928 | Democratic | [26] | |
| 32 | George T. Mitchell | 1928 – 1932 | Democratic | [26] | |
| 33 | Greek Lent Rice | 1932 – 1950 | Democratic | [26] | |
| 34 | James P. Coleman | 1950 – 1956 | Democratic | [26] | |
| 35 | Joseph Turner Patterson | 1956 – 1969 | Democratic | [26] | |
| 36 | A. F. Summer | 1969 – 1980 | Democratic | [26] | |
| 37 | William Allain | 1980 – 1984 | Democratic | [26] | |
| 38 | Edwin L. Pittman | 1984 – 1988 | Democratic | [26] | |
| 39 | Mike Moore | 1988 – 2004 | Democratic | [26] | |
| 40 | Jim Hood | 2004 – 2020 | Democratic | [26] | |
| 41 | Lynn Fitch | 2020 – present | Republican | [26] | |
Notes edit
- ^ State law does not explicitly authorize or recognize the position of solicitor general, but Attorney General Lynn Fitch created the job shortly after assuming office in 2020 to lead appellate activities.[21]
References edit
- ^ Rowland 1904, p. 23.
- ^ Rowland 1904, p. 124.
- ^ Rowland 1904, p. 27.
- ^ Krane & Shaffer 1992, pp. 49–50.
- ^ Winkle 2014, pp. 126–127.
- ^ "Lynn Fitch to become next Attorney General of Mississippi: BREAKING NEWS". WJTV 12. Nexstar Media Group. November 5, 2019. Retrieved March 8, 2023.
- ^ Jones, Kevin Jones (January 20, 2023). "6 Things to Know About March for Life Speaker Lynn Fitch, Champion of Dobbs Case". National Catholic Register. Catholic News Agency. Retrieved March 8, 2023.
- ^ Pettus, Emily Wagster (January 10, 2020). "7 of 8 statewide officials inaugurated". The Greenwood Commonwealth. Associated Press. pp. 1, 12.
- ^ Bullock & Rozell 2010, p. 104.
- ^ Clark, Eric (December 2007). "The Government of Mississippi: How it Functions". Mississippi History Now. Mississippi Department of Archives and History. Retrieved March 17, 2023.
- ^ a b c Winkle 2014, p. 113.
- ^ Winkle 2014, p. 105.
- ^ Pender, Geoff (April 7, 2022). "Amid vetoes, Gov. Reeves lets pay raises for elected officials pass". Mississippi Today. Nonprofit Mississippi News. Retrieved October 10, 2022.
- ^ a b c "Divisions". Attorney General of Mississippi. Retrieved February 15, 2023.
- ^ "State Agencies". Attorney General of Mississippi. Retrieved March 8, 2023.
- ^ "Civil Litigation". Attorney General of Mississippi. Retrieved March 8, 2023.
- ^ "Criminal Appeals". Attorney General of Mississippi. Retrieved March 8, 2023.
- ^ Harrison, Bobby (July 4, 2021). "New boss same as old boss when it comes to AG using private lawyers". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
- ^ Pettus, Emily Wagster (October 15, 2021). "Analysis: Judges can't order attorney general to take cases". The Commercial Dispatch. Associated Press. Retrieved March 12, 2023.
- ^ "Solicitor General". Attorney General of Mississippi. Retrieved March 8, 2023.
- ^ a b Harrison, Bobby (November 29, 2021). "Former DOJ attorney under Trump will argue Mississippi's case to Supreme Court to reverse Roe v. Wade". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
- ^ Winkle 2014, p. 30.
- ^ "MS Attorney General's Office Official Opinion" (PDF). Attorney General of Mississippi. 2020. Retrieved March 8, 2023.
- ^ Bobby, Harrison (October 18, 2022). "AG Lynn Fitch to open north Mississippi office, but not in Houston". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
- ^ Welcome Guide 2023, p. 2.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an Mississippi Official and Statistical Register 2021, p. 552.
- ^ "Republican Ticket". The Weekly Mississippi Pilot. 1869-11-27. p. 2. Retrieved 2023-10-14 – via Newspapers.com.
Works cited edit
- Bullock, Charles S.; Rozell, Mark J., eds. (2010). The New Politics of the Old South: An Introduction to Southern Politics. Rowman & Littlefield. ISBN 9780742570214.
- Krane, Dale; Shaffer, Stephen D. (1992). Mississippi Government and Politics: Modernizers Versus Traditionalists. University of Nebraska Press. ISBN 9780803277588.
- Mississippi Official and Statistical Register 2020–2024. Jackson: Mississippi Secretary of State. 2021. OCLC 1353823876.
- Rowland, Dunbar, ed. (1904). The Official and Statistical Register of the State of Mississippi. Jackson: Mississippi Department of Archives and History. OCLC 777030828.
- Welcome Guide (PDF), Mississippi Attorney General's Office, February 2023
- Winkle, John W. III (2014). The Mississippi State Constitution (second ed.). Oxford University Press. ISBN 9780199300631.
External links edit
- Mississippi Attorney General articles at ABA Journal
- News and Commentary at FindLaw
- Press releases at Mississippi Attorney General