Attorney General of Oklahoma
Encyclopedia
The Attorney General of Oklahoma is the State Attorney General
for the state of Oklahoma
. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma
. The Attorney General is responsible for providing legal advise to the various agencies and departments of the executive branch, legislative branch
and judicial branch
of the state government. The office is also responsible for the prosecution of offenses to Oklahoma State Statutes and advocate the basic rights of Oklahoman residents.
The 17th and current Attorney General of Oklahoma is Scott Pruitt
, who assumed that post on January 10, 2011.
.
The Attorney General is elected directly by the people of Oklahoma. Elections for the Attorney General are held on a four year basis, on the same day with election of the Governor. However, the Governor and Attorney General are elected on separate ballots and are not running mates
. This presents a chance that they may represent different political parties. In the event of a tie between two or more candidates, the Legislature, by joint ballot, elects one the candidates as Attorney General.
As with all offices established by the Oklahoma Constitution in Article V, any person running for the office of Attorney General of Oklahoma must be citizen of the State of Oklahoma, at least thirty-one years of age and a resident of the United States for ten years.
The Attorney General's term lasts for four years and runs coequal with the term of the Governor, beginning on the first Monday in January following their election. As originally written, the Oklahoma Constitution
placed no limits on the number of terms an individual could serve as Attorney General. Following the results of the 2010 state elections
, the Constitution was amended to limit the Attorney General to no more than two terms, consecutive or not.
of Oklahoma. The Attorney General's duties include the following:
The primary responsibility of the Attorney General is appearing before the Oklahoma Supreme Court
or the Oklahoma Court of Criminal Appeals
and prosecute or defend all actions and proceedings, civil or criminal, in which the state is a party. This duty extends to representing the state in any United States federal court as well. The Attorney General may also prosecute or defend the state or the people of the state when their interests are before any state commission, board or office. It is also the duty of the Attorney General to institute civil actions against members of any state board, commission, or office for failure to perform their legal duties as well as to prosecute members of any state board, commission, or office for violation of the criminal laws when such violations have occurred in connection with the performance of their official duties.
Another primary role of the Attorney General is to provide a legal opinion
upon all questions of law submitted to the Attorney General. Such questions may be submitted by the Legislature (or either branch thereof) or by any state officer, board, commission or department. However, the Attorney General may only provide a legal opinion on matter related to the official duties of the officers that submitted the question and may not act a private attorney
. However, members of the Oklahoma House of Representatives
and Oklahoma Senate
may ask the Attorney General for a legal opinion upon any subject. Private citizens may not ask for legal opinions of the Attorney General.
A chief concern of the Attorney General is monitoring the proper application of state funds appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds. At the request of the Governor, Oklahoma State Auditor and Inspector
, Oklahoma State Treasurer, or either branch of the Legislature, the Attorney General may prosecute for any violation of any contract in which the state is interested. When requested to do so by any state officer, board or commission, the office must also prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state. If funds are illegally expended, upon the request of the Governor or the Legislature, it is the Attorney General who is responsible for instituting actions to recover such funds. This duty also extends to recovering state property and to preventing the illegal use of any state property. After collecting money owed to the state, the Attorney General must deposit all funds into the State Treasury immediately.
The Attorney General has to power to convene multi-county grand juries
.
At any time, the Legislature, or either chamber thereof, may require the Attorney General to submit a report on any business relating to the duties of the Attorney General's office.
and Attorney General are elected at the same time, they are elected independently of each other. This makes determining the exact relationship between the offices difficult as it is primarily based on those individuals who hold the offices. With Governor Mary Fallin
and Attorney General Scott Pruitt
in office, Oklahoma has a Governor and an Attorney General of the same party since 2003 since both Fallin and Pruitt are of the Republican Party
.
The event of having a Governor and an Attorney General of different parties has become more frequent ever since Republicans had made gains in state wide elections. Democratic Attorney General Charles Nesbitt
and Republican Governor Henry Bellmon
in 1963 was the first instance of this occurrence. Since then this has happened only two more times: in 1987 with Republican Governor Henry Bellmon
and Democratic Attorney General Robert Harlan Henry
, in 1995 with Republican Governor Frank Keating
and Democratic Attorney General Drew Edmondson
.
When a Governor and Attorney General are of the same party, the relationship often becomes more colligate. However, when the Governor and Attorney General are of different parties, the relation can become somewhat adversarial. This was demonstrated when, in 2001, Governor Keating and Attorney General Edmondson were the plaintiff and defendant in the Oklahoma Supreme Court
case Keating v. Edmondson
.
When different parties control the offices, it is difficult to determine which officer has more control over the other. Governor, as the chief executive of the State, determines the budget for the entire State Government (including the Attorney General's Office). Additionally, any power or funcation of the Attorney General must be exercised at the direction of the Governor. Should the Attorney General refuse, the Governor has the power to employ Special Counsel to exercise the Attorney General's power for him. The Oklahoma Secretary of Safety and Security
, who is appointed by the Governor and serves at his pleasure, oversees the activities of the Attorney General's Office on behald of the Governor. On the other hand, legal opinion
s issued by the Attorney General are binding on the Governor until overturned by a court of law.
The State is divided into 27 judicial districts, each with one District Attorney. The main purpose of the District Attorney is the prosecution of all criminal actions that occur in their district as well as representing the State in all civil actions arising out of their district. Each District Attorney is an independently elected official in their district and, as such, answer directly to the electorate they serve and not the Attorney General. The Attorney General does not have the power to direct, stop, prevent or otherwise interfere with a District Attorney choosing to prosecute an individual or not. The primary relations between the Attorney General and the District Attorneys is that in cases appealed from the Trial Court level, the Attorney General represents the State at the Appeal Court level instead of the District Attorney.
While the Attorney General does not control local District Attorneys, he does have the power to require the aid and assistance of any District Attorney (in their respective District) on matters related to the Attorney General funcations or case brought to the Supreme Court of Oklahoma or the Oklahoma Court of Criminal Appeals
from their respective District. Likewise, any District Attorney may request the assistance of the Attorney General in any matter related to the District Attorney's funcations. Such request must be submitted to the Governor of Oklahoma
, and, should he approve, the Governor will direct the Attorney General to assist the requesting District Attorney. There is no appeal of the Governor's decision on this matter.
State Attorney General
The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
for the state of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
. The Attorney General is responsible for providing legal advise to the various agencies and departments of the executive branch, legislative branch
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
and judicial branch
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
of the state government. The office is also responsible for the prosecution of offenses to Oklahoma State Statutes and advocate the basic rights of Oklahoman residents.
The 17th and current Attorney General of Oklahoma is Scott Pruitt
Scott Pruitt
Scott Pruitt is a United States lawyer and Republican politician from the U.S. state of Oklahoma. He is the current Oklahoma Attorney General.Pruitt was a State Senator, representing Tulsa and Wagoner counties from 1998 until 2006...
, who assumed that post on January 10, 2011.
Election
Elections for the Attorney General are held on a four year concurrent basis, and are held on the same day as the election of the Governor. Though the Governor and the Attorney General run at the same they are not elected on ballot as running matesRunning Mates
Running Mates is an episode from the second season of the Fox animated series Family Guy. It is the 17th episode of Family Guy to be aired. The episode first aired on April 11, 2000. It was written by Garrett Donovan and Neil Goldman, and directed by John Holmquist. Lee Majors guest stars as...
.
The Attorney General is elected directly by the people of Oklahoma. Elections for the Attorney General are held on a four year basis, on the same day with election of the Governor. However, the Governor and Attorney General are elected on separate ballots and are not running mates
Running Mates
Running Mates is an episode from the second season of the Fox animated series Family Guy. It is the 17th episode of Family Guy to be aired. The episode first aired on April 11, 2000. It was written by Garrett Donovan and Neil Goldman, and directed by John Holmquist. Lee Majors guest stars as...
. This presents a chance that they may represent different political parties. In the event of a tie between two or more candidates, the Legislature, by joint ballot, elects one the candidates as Attorney General.
As with all offices established by the Oklahoma Constitution in Article V, any person running for the office of Attorney General of Oklahoma must be citizen of the State of Oklahoma, at least thirty-one years of age and a resident of the United States for ten years.
The Attorney General's term lasts for four years and runs coequal with the term of the Governor, beginning on the first Monday in January following their election. As originally written, the Oklahoma Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
placed no limits on the number of terms an individual could serve as Attorney General. Following the results of the 2010 state elections
Oklahoma state elections, 2010
The Oklahoma state elections were held on November 2, 2010. The primary election was held on July 27. The runoff primary election was held August 24....
, the Constitution was amended to limit the Attorney General to no more than two terms, consecutive or not.
Powers and Responsibilities
The Attorney General is the chief legal officerChief Legal Officer
A chief legal officer is the highest-ranking corporate officer concerning legal affairs of a corporation or agency. Chief legal officers typically hold the title of general counsel.- Skill requirements :...
of Oklahoma. The Attorney General's duties include the following:
- Providing legal advice and representation in court for the Governor and the state government in general
- Providing legal advice, official opinions, to the Governor and members of the Legislature
- Defending the state in cases of criminal appeals and suits against the state
- Defending the constitutionality of state laws
The primary responsibility of the Attorney General is appearing before the Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
or the Oklahoma Court of Criminal Appeals
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
and prosecute or defend all actions and proceedings, civil or criminal, in which the state is a party. This duty extends to representing the state in any United States federal court as well. The Attorney General may also prosecute or defend the state or the people of the state when their interests are before any state commission, board or office. It is also the duty of the Attorney General to institute civil actions against members of any state board, commission, or office for failure to perform their legal duties as well as to prosecute members of any state board, commission, or office for violation of the criminal laws when such violations have occurred in connection with the performance of their official duties.
Another primary role of the Attorney General is to provide a legal opinion
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
upon all questions of law submitted to the Attorney General. Such questions may be submitted by the Legislature (or either branch thereof) or by any state officer, board, commission or department. However, the Attorney General may only provide a legal opinion on matter related to the official duties of the officers that submitted the question and may not act a private attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. However, members of the Oklahoma House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
and Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
may ask the Attorney General for a legal opinion upon any subject. Private citizens may not ask for legal opinions of the Attorney General.
A chief concern of the Attorney General is monitoring the proper application of state funds appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds. At the request of the Governor, Oklahoma State Auditor and Inspector
Oklahoma State Auditor and Inspector
The Oklahoma State Auditor and Inspector is the chief financial officer for the U.S. State of Oklahoma. The State Auditor and Inspector is responsible for overseeing and reviewing the financial accounts of all government agencies within Oklahoma....
, Oklahoma State Treasurer, or either branch of the Legislature, the Attorney General may prosecute for any violation of any contract in which the state is interested. When requested to do so by any state officer, board or commission, the office must also prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state. If funds are illegally expended, upon the request of the Governor or the Legislature, it is the Attorney General who is responsible for instituting actions to recover such funds. This duty also extends to recovering state property and to preventing the illegal use of any state property. After collecting money owed to the state, the Attorney General must deposit all funds into the State Treasury immediately.
The Attorney General has to power to convene multi-county grand juries
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
.
At any time, the Legislature, or either chamber thereof, may require the Attorney General to submit a report on any business relating to the duties of the Attorney General's office.
Relationship with the Governor
Though both the Governor of OklahomaGovernor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
and Attorney General are elected at the same time, they are elected independently of each other. This makes determining the exact relationship between the offices difficult as it is primarily based on those individuals who hold the offices. With Governor Mary Fallin
Mary Fallin
Mary Fallin is the 27th and current Governor of the U.S. state of Oklahoma. She was a U.S. Representative for from 2007 until 2011....
and Attorney General Scott Pruitt
Scott Pruitt
Scott Pruitt is a United States lawyer and Republican politician from the U.S. state of Oklahoma. He is the current Oklahoma Attorney General.Pruitt was a State Senator, representing Tulsa and Wagoner counties from 1998 until 2006...
in office, Oklahoma has a Governor and an Attorney General of the same party since 2003 since both Fallin and Pruitt are of the Republican Party
Oklahoma Republican Party
The Oklahoma Republican Party is a political party affiliated with the United States Republican Party . Along with the Oklahoma Democratic Party, it is one of the two major parties in Oklahoma politics.-Voter base:...
.
The event of having a Governor and an Attorney General of different parties has become more frequent ever since Republicans had made gains in state wide elections. Democratic Attorney General Charles Nesbitt
Charles Nesbitt
Charles R. Nesbitt was an Oklahoma attorney and politician. Nesbitt held several political positions in the Oklahoma state government, having served as the 9th Attorney General of Oklahoma , a member of the Oklahoma Corporation Commission , and as Oklahoma Secretary of Energy under Governor David...
and Republican Governor Henry Bellmon
Henry Bellmon
Henry Louis "Harry" Bellmon was an American Republican politician from Oklahoma. He was a member of the Oklahoma Legislature, the 18th and 23rd Governor of Oklahoma , and a two-term United States Senator.-Service in World War II:Bellmon was born in Tonkawa, Oklahoma and graduated from Billings...
in 1963 was the first instance of this occurrence. Since then this has happened only two more times: in 1987 with Republican Governor Henry Bellmon
Henry Bellmon
Henry Louis "Harry" Bellmon was an American Republican politician from Oklahoma. He was a member of the Oklahoma Legislature, the 18th and 23rd Governor of Oklahoma , and a two-term United States Senator.-Service in World War II:Bellmon was born in Tonkawa, Oklahoma and graduated from Billings...
and Democratic Attorney General Robert Harlan Henry
Robert Harlan Henry
See also Robert Henry Robert Harlan Henry is a former U.S. judge and politician from Oklahoma, and President of Oklahoma City University since July, 2010.-Biography:...
, in 1995 with Republican Governor Frank Keating
Frank Keating
Francis Anthony "Frank" Keating is an American politician from Oklahoma. Keating served as the 25th Governor of Oklahoma. His first term began in 1995 and ended in 1999...
and Democratic Attorney General Drew Edmondson
Drew Edmondson
William Andrew "Drew" Edmondson , is an American lawyer and politician from Oklahoma. A member of the Democratic Party, Edmondson served as the 16th Attorney General of Oklahoma from 1995 to 2011...
.
When a Governor and Attorney General are of the same party, the relationship often becomes more colligate. However, when the Governor and Attorney General are of different parties, the relation can become somewhat adversarial. This was demonstrated when, in 2001, Governor Keating and Attorney General Edmondson were the plaintiff and defendant in the Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
case Keating v. Edmondson
Keating v. Edmondson
Keating v. Edmondson, 2001 OK 110, 37 P.3d 882 , was an Oklahoma Supreme Court case that ruled that the Governor of Oklahoma could not alter the structure of his Cabinet without the approval of the Legislature. The case was primarily concerned with the Governor–Legislature relation...
.
When different parties control the offices, it is difficult to determine which officer has more control over the other. Governor, as the chief executive of the State, determines the budget for the entire State Government (including the Attorney General's Office). Additionally, any power or funcation of the Attorney General must be exercised at the direction of the Governor. Should the Attorney General refuse, the Governor has the power to employ Special Counsel to exercise the Attorney General's power for him. The Oklahoma Secretary of Safety and Security
Oklahoma Secretary of Safety and Security
The Oklahoma Secretary of Safety and Security is a member of the Oklahoma Governor's Cabinet. The Secretary is appointed by the Governor, with the consent of the Oklahoma Senate, to serve at the pleasure of the Governor. The Secretary serves as the chief advisor to the Governor on public safety and...
, who is appointed by the Governor and serves at his pleasure, oversees the activities of the Attorney General's Office on behald of the Governor. On the other hand, legal opinion
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
s issued by the Attorney General are binding on the Governor until overturned by a court of law.
Relations with District Attorneys
Though the Attorney General is the chief law enforcement officer of the State, the State's several District Attorneys (which are the primary local prosecutors of the State) are not under the control or serve at the direction of the Attorney General.The State is divided into 27 judicial districts, each with one District Attorney. The main purpose of the District Attorney is the prosecution of all criminal actions that occur in their district as well as representing the State in all civil actions arising out of their district. Each District Attorney is an independently elected official in their district and, as such, answer directly to the electorate they serve and not the Attorney General. The Attorney General does not have the power to direct, stop, prevent or otherwise interfere with a District Attorney choosing to prosecute an individual or not. The primary relations between the Attorney General and the District Attorneys is that in cases appealed from the Trial Court level, the Attorney General represents the State at the Appeal Court level instead of the District Attorney.
While the Attorney General does not control local District Attorneys, he does have the power to require the aid and assistance of any District Attorney (in their respective District) on matters related to the Attorney General funcations or case brought to the Supreme Court of Oklahoma or the Oklahoma Court of Criminal Appeals
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
from their respective District. Likewise, any District Attorney may request the assistance of the Attorney General in any matter related to the District Attorney's funcations. Such request must be submitted to the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
, and, should he approve, the Governor will direct the Attorney General to assist the requesting District Attorney. There is no appeal of the Governor's decision on this matter.
Oath of Office
"I, ........., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as Attorney General of the State of Oklahoma to the best of my ability."Office-Holders
| Name | Party | Term | ||||||
|---|---|---|---|---|---|---|---|---|
| Charles West | Democrat | 1907–1915 | ||||||
| S.P. Freeling | Democrat | 1915–1923 | ||||||
| George Short | Democrat | >- | Ed Dabney | Democrat | >- | J. Berry King | Democrat | 1931–1935 |
| Mac Q. Williamson | Democrat | 1935–1943 | ||||||
| Randell S. Cobb | Democrat | 1943–1946 | ||||||
| Mac Q. Williamson | Democrat | 1946–1963 | ||||||
| Charles Nesbitt Charles Nesbitt Charles R. Nesbitt was an Oklahoma attorney and politician. Nesbitt held several political positions in the Oklahoma state government, having served as the 9th Attorney General of Oklahoma , a member of the Oklahoma Corporation Commission , and as Oklahoma Secretary of Energy under Governor David... |
Democrat | 1963–1967 | ||||||
| G. T. Blankenship G. T. Blankenship G. T. Blankenship is an American lawyer and Republican politician from Oklahoma. A former Oklahoma State Representative, Blankenship served as the 10th Attorney General of Oklahoma... |
Republican | 1967–1971 | ||||||
| Larry Derryberry | Democrat | 1971–1979 | ||||||
| Jan Eric Cartwright | Democrat | 1979–1983 | ||||||
| Mike Turpen Mike Turpen Michael C. "Mike" Turpen is an American lawyer and politician from Oklahoma. A member of the Democratic Party, Turpen served as the Chairman of the Oklahoma Democratic Party and as the Attorney General of Oklahoma from 1983 to 1987... |
Democrat | 1983–1987 | ||||||
| Robert Harlan Henry Robert Harlan Henry See also Robert Henry Robert Harlan Henry is a former U.S. judge and politician from Oklahoma, and President of Oklahoma City University since July, 2010.-Biography:... |
Democrat | 1987–1991 | ||||||
| Susan B. Loving Susan B. Loving Susan Brimer Loving was Oklahoma's first female attorney general. She was appointed in 1991 after serving as both first assistant attorney general and chief of legal services in the Office of the Attorney General.... |
Democrat | 1991–1995 | ||||||
| Drew Edmondson Drew Edmondson William Andrew "Drew" Edmondson , is an American lawyer and politician from Oklahoma. A member of the Democratic Party, Edmondson served as the 16th Attorney General of Oklahoma from 1995 to 2011... |
Democrat | 1995–2011 | ||||||
| Scott Pruitt Scott Pruitt Scott Pruitt is a United States lawyer and Republican politician from the U.S. state of Oklahoma. He is the current Oklahoma Attorney General.Pruitt was a State Senator, representing Tulsa and Wagoner counties from 1998 until 2006... |
Republican | 2011-current |