Attorney General of Virginia
Encyclopedia
The Attorney General of Virginia is an executive office in the Government of Virginia
. Attorneys General are elected for a four-year term in the year following a presidential election
(2005, 2009, 2013, etc.). There are no term limits restricting the number of terms someone can serve as Attorney General. Ken Cuccinelli
currently holds the position, after winning election in November 2009 and taking office in January 2010.
In order to fulfill these responsibilities, the Attorney General oversees one of the largest law firms in Virginia. The full time staff includes a chief deputy attorney general, five deputy attorneys general and about 150 assistant attorneys general, 40 additional full time lawyers appointed as special counsel to particular agencies, and 140 legal assistants, legal secretaries and other professional support staff. The Office of the Attorney General is structured very much like a private law firm, with sections devoted to legal specialties.
The Attorney General is second in the line of gubernatorial succession. Whenever there is a vacancy in the office of the Governor of Virginia
, the Governor is replaced by the Lieutenant Governor of Virginia
. However, if there is also a vacancy in the office of Lieutenant Governor, then the Attorney General becomes Governor.
. Along with the Lieutenant Governor of Virginia
, the Attorney General is seen as one of two candidates in contention to replace the sitting Governor, who is constitutionally barred from running for re-election. Following the 2001 election of Governor Mark Warner
, it was widely believed that the 2005 election would be between then-Lieutenant Governor Tim Kaine
and then-Attorney General Jerry Kilgore, which is precisely what occurred, with Kaine winning and becoming Virginia's 70th Governor. A similar scenario occurred in 1981, when then-Lieutenant Governor Chuck Robb
defeated then-Attorney General Marshall Coleman
and again in 1997 when then-Attorney General Jim Gilmore defeated then-Lieutenant Governor Don Beyer
.
When separate parties capture the Attorney General and Lieutenant Governor's offices, these officeholders are seen as the clear frontrunners for their parties' nominations in the next gubernatorial election. When the same party captures both offices, intraparty rivalries and rifts can develop around which person should be the next gubernatorial nominee. For example, in 2001 there was a bitter intraparty battle in the Republican party between Attorney General Mark Earley
, who was strongly backed by social conservatives, and Lieutenant Governor John H. Hager
, who was backed by other factions of the party. Earley prevailed, but Hager and many of his supporters gave only perfunctory endorsements of Earley or openly supported the successful Democratic nominee Mark Warner. When one party captures neither office, it is left without a frontrunner for the next gubernatorial election. However, this allowed two of the most popular recent governors, Warner and George Allen
, to win their parties' nominations and the subsequent elections without having held state-wide office.
It is a Virginia tradition that Attorneys General who are running for Governor resign from office before the conclusion of the four-year term for which they are elected. This has provided political fodder for their opponents, with Mark Earley criticized early in 2001 for not resigning (though he would resign in June of that year), with critics saying he could not campaign and serve effectively as Attorney General simultaneously, while Jerry Kilgore was criticized for resigning when he did so in February 2005, with critics saying he was abandoning his responsibilities to campaign. Similarly, in February of 2009, then Attorney General Bob McDonnell
resigned to focus primarily on his campaign for governor. Some Attorneys General have not resigned, including Marshall Coleman in 1981. When an Attorney General resigns, it is the responsibility of the Virginia General Assembly
to elect a replacement to finish the term of office. Often the Chief Deputy Attorney General is chosen, as in the case of Judith Jagdmann. The Lieutenant Governor is not expected to resign as the official duties of the office are very limited.
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
. Attorneys General are elected for a four-year term in the year following a presidential election
United States presidential election
Elections for President and Vice President of the United States are indirect elections in which voters cast ballots for a slate of electors of the U.S. Electoral College, who in turn directly elect the President and Vice President...
(2005, 2009, 2013, etc.). There are no term limits restricting the number of terms someone can serve as Attorney General. Ken Cuccinelli
Ken Cuccinelli
Kenneth Thomas 'Ken' Cuccinelli II is a U.S. politician and the Attorney General of Virginia. From 2002 until January 16, 2010 he was a Republican member of the Senate of Virginia, representing the 37th district in Fairfax County...
currently holds the position, after winning election in November 2009 and taking office in January 2010.
Responsibilities
The Attorney General heads the Office of the Attorney General, also known as the Department of Law. The Attorney General and their Office have several duties and powers granted by state law. These include:- Providing legal advice and representation in court for the Governor and the state government in general
- Providing legal advice, official opinions, to members of the Virginia General AssemblyVirginia General AssemblyThe Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
and local government officials - Defending the state in cases of criminal appeals and suits against the state
- Defending the constitutionality of state laws
- Collecting money owed to various state institutions
In order to fulfill these responsibilities, the Attorney General oversees one of the largest law firms in Virginia. The full time staff includes a chief deputy attorney general, five deputy attorneys general and about 150 assistant attorneys general, 40 additional full time lawyers appointed as special counsel to particular agencies, and 140 legal assistants, legal secretaries and other professional support staff. The Office of the Attorney General is structured very much like a private law firm, with sections devoted to legal specialties.
The Attorney General is second in the line of gubernatorial succession. Whenever there is a vacancy in the office of the Governor of Virginia
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
, the Governor is replaced by the Lieutenant Governor of Virginia
Lieutenant Governor of Virginia
The Lieutenant Governor is a constitutional officer of the Commonwealth of Virginia. The Lieutenant Governor is elected every four years along with the Governor and Attorney General. The office is currently held by Republican William T. Bolling. The governor and lieutenant governor are elected...
. However, if there is also a vacancy in the office of Lieutenant Governor, then the Attorney General becomes Governor.
Stepping stone to higher office
Because it is one of only three statewide elected offices, the post of Attorney General is seen as a stepping-stone to higher office, especially Governor of VirginiaGovernor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
. Along with the Lieutenant Governor of Virginia
Lieutenant Governor of Virginia
The Lieutenant Governor is a constitutional officer of the Commonwealth of Virginia. The Lieutenant Governor is elected every four years along with the Governor and Attorney General. The office is currently held by Republican William T. Bolling. The governor and lieutenant governor are elected...
, the Attorney General is seen as one of two candidates in contention to replace the sitting Governor, who is constitutionally barred from running for re-election. Following the 2001 election of Governor Mark Warner
Mark Warner
Mark Robert Warner is an American politician and businessman, currently serving in the United States Senate as the junior senator from the Commonwealth of Virginia. He is a member of the Democratic Party. Warner was the 69th governor of Virginia from 2002 to 2006 and is the honorary chairman of...
, it was widely believed that the 2005 election would be between then-Lieutenant Governor Tim Kaine
Tim Kaine
Timothy Michael "Tim" Kaine is a Virginia politician. Kaine served as the 70th Governor of Virginia from 2006 to 2010, and was the chairman of the Democratic National Committee from 2009 to 2011...
and then-Attorney General Jerry Kilgore, which is precisely what occurred, with Kaine winning and becoming Virginia's 70th Governor. A similar scenario occurred in 1981, when then-Lieutenant Governor Chuck Robb
Chuck Robb
Charles Spittal "Chuck" Robb is an American politician. He served as the 64th Governor of Virginia from 1982 to 1986, and as a United States senator from 1989 until 2001. In 2004, he chaired the Iraq Intelligence Commission.-Early life:...
defeated then-Attorney General Marshall Coleman
Marshall Coleman
J. Marshall Coleman is a Republican politician in Virginia who ran for several statewide offices between the late 1970s and early 1990s.-Life:...
and again in 1997 when then-Attorney General Jim Gilmore defeated then-Lieutenant Governor Don Beyer
Don Beyer
Donald Sternoff "Don" Beyer, Jr. is the U.S. ambassador to Switzerland and Liechtenstein. In addition, he owns automobile dealerships in Virginia, and has a long record involved in community, political and philanthropic work....
.
When separate parties capture the Attorney General and Lieutenant Governor's offices, these officeholders are seen as the clear frontrunners for their parties' nominations in the next gubernatorial election. When the same party captures both offices, intraparty rivalries and rifts can develop around which person should be the next gubernatorial nominee. For example, in 2001 there was a bitter intraparty battle in the Republican party between Attorney General Mark Earley
Mark Earley
Mark Lawrence Earley is an American politician. As a member of the Republican Party, he was elected to the Virginia State Senate and then as Attorney General of Virginia from 1998 to 2001. In 2001, he resigned as Attorney General to focus his time on the 2001 campaign for Governor of Virginia...
, who was strongly backed by social conservatives, and Lieutenant Governor John H. Hager
John H. Hager
John Henry Hager is an American politician who served as the chairman of the Republican Party of Virginia from July 2007 until May 2008...
, who was backed by other factions of the party. Earley prevailed, but Hager and many of his supporters gave only perfunctory endorsements of Earley or openly supported the successful Democratic nominee Mark Warner. When one party captures neither office, it is left without a frontrunner for the next gubernatorial election. However, this allowed two of the most popular recent governors, Warner and George Allen
George Allen (U.S. politician)
George Felix Allen is a former United States Senator from the Commonwealth of Virginia, and the son of former NFL head coach George Allen. Allen served Virginia in the state legislature, as the 67th Governor, and in both bodies of the U.S. Congress, winning election to the Senate in 2000...
, to win their parties' nominations and the subsequent elections without having held state-wide office.
It is a Virginia tradition that Attorneys General who are running for Governor resign from office before the conclusion of the four-year term for which they are elected. This has provided political fodder for their opponents, with Mark Earley criticized early in 2001 for not resigning (though he would resign in June of that year), with critics saying he could not campaign and serve effectively as Attorney General simultaneously, while Jerry Kilgore was criticized for resigning when he did so in February 2005, with critics saying he was abandoning his responsibilities to campaign. Similarly, in February of 2009, then Attorney General Bob McDonnell
Bob McDonnell
Robert Francis "Bob" McDonnell is an American politician who has been the 71st Governor of Virginia since January 2010. A former lieutenant colonel in the United States Army, McDonnell served in the Virginia House of Delegates from 1993 to 2006 and served as Attorney General of Virginia from 2006...
resigned to focus primarily on his campaign for governor. Some Attorneys General have not resigned, including Marshall Coleman in 1981. When an Attorney General resigns, it is the responsibility of the Virginia General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
to elect a replacement to finish the term of office. Often the Chief Deputy Attorney General is chosen, as in the case of Judith Jagdmann. The Lieutenant Governor is not expected to resign as the official duties of the office are very limited.
Recent Attorneys General
- Abram Penn StaplesAbram Penn StaplesAbram Penn Staples was born at Martinsville, Virginia. During his childhood, his family moved to Roanoke, where he attended Roanoke High School. He then entered Washington and Lee University, where he received a Bachelor of Law degree in 1908. Entering into practice at Roanoke in 1908, he soon...
(DemocratDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
) — March 1934 – October 1947 (resigned to become judge of the Virginia Supreme Court of Appeals) - Harvey Black Apperson (Democrat) — October 1947 – February 1948 (appointed by governor to replace Staples; died in office)
- James Lindsay Almond (Democrat) — February 1948 – September 1957 (resigned to run for governor)
- Kenneth Cartwright Patty (Democrat) — September 1957 – January 1958 (appointed by governor to replace Almond)
- Albertis Sydney Harrison (Democrat) — January 1958 – April 1961 (resigned to run for governor)
- Frederick Thomas Gray (Democrat) — May 1961 – January 1962 (appointed by governor to replace Harrison)
- Robert Young Button (Democrat) — January 1962 – January 1970
- Andrew Pickens Miller (Democrat) — January 1970 – January 1977 (resigned to run for governor)
- Anthony Francis Troy (Democrat) — January 1977 – January 1978 (replaced Miller)
- J. Marshall Coleman (RepublicanRepublican Party (United States)The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
) — January 1978 – January 1982 - Gerald Baliles (Democrat) — January 1982 – June 30, 1985 (resigned to run for governor)
- William Broaddus (Democrat) — 1985–1986 (replaced Gerald Baliles)
- Mary Sue TerryMary Sue TerryMary Sue Terry is a Democratic politician from Virginia, born September 28, 1947, in Martinsville, Virginia.-Early life:Miss Terry was an active and enthusiastic Democrat as a girl.She was graduated from in Critz, Virginia in 1965...
(Democrat) — 1986 – January 1993 (resigned to run for governor) - Stephen D. Rosenthal (Democrat) — 1993–1994 (replaced Terry)
- James S. Gilmore, IIIJim GilmoreJames Stuart "Jim" Gilmore III is an American politician from the Commonwealth of Virginia, former 68th Governor of Virginia, and a member of the Republican Party. A native Virginian, Gilmore studied at the University of Virginia, and then served in the U.S. Army as a counterintelligence agent...
(Republican) — 1994 – June 11, 1997 (resigned to run for governor) - Richard Cullen (Republican) — June 11, 1997 – January 17, 1998 (replaced Gilmore)
- Mark EarleyMark EarleyMark Lawrence Earley is an American politician. As a member of the Republican Party, he was elected to the Virginia State Senate and then as Attorney General of Virginia from 1998 to 2001. In 2001, he resigned as Attorney General to focus his time on the 2001 campaign for Governor of Virginia...
(Republican) — January 17, 1998 – June 4, 2001 (resigned to run for governor) - Randolph A. BealesRandolph A. BealesRandolph A. Beales is a judge on the Virginia Court of Appeals. He previously served as Chief Deputy Attorney General and succeeded to the position of Attorney General of Virginia in 2001.-Early life and education:...
(Republican) — July 11, 2001 – January 12, 2002 (replaced Earley) - Jerry W. KilgoreJerry W. KilgoreJerry Walter Kilgore, , a Republican, is a former Attorney General of Virginia. In the 2005 race for Governor of Virginia, Jerry Kilgore was defeated by then Lieutenant Governor Tim Kaine, a Democrat...
(Republican) — January 12, 2002 – February 1, 2005 (resigned to run for governor) - Judith Jagdmann (Republican) — February 1, 2005 – January 14, 2006 (replaced Kilgore)
- Robert F. McDonnellBob McDonnellRobert Francis "Bob" McDonnell is an American politician who has been the 71st Governor of Virginia since January 2010. A former lieutenant colonel in the United States Army, McDonnell served in the Virginia House of Delegates from 1993 to 2006 and served as Attorney General of Virginia from 2006...
(Republican) — January 14, 2006 – February 20, 2009 (resigned to run for governor) - Bill MimsBill MimsWilliam Cleveland "Bill" Mims is a former Attorney General of Virginia and a Justice of the Supreme Court of Virginia. A Republican, he served in the Virginia House of Delegates 1992–98 and the Senate of Virginia 1998–2006...
(Republican) — February 20, 2009 – January 16, 2010 (replaced McDonnell) - Ken CuccinelliKen CuccinelliKenneth Thomas 'Ken' Cuccinelli II is a U.S. politician and the Attorney General of Virginia. From 2002 until January 16, 2010 he was a Republican member of the Senate of Virginia, representing the 37th district in Fairfax County...
(Republican) — January 16, 2010 – present