Attorneys-General Of Mississippi
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The attorney general of Mississippi is a statewide elected office in the
U.S. The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguous ...
state of
Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...
. 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
lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
s on behalf of the state. They serve a four-year term with no term limits. The office was created by 1817
Constitution of Mississippi The Constitution of Mississippi is the primary organizing law for the U.S. state of Mississippi delineating the duties, powers, structures, and functions of the state government. Mississippi's original constitution was adopted at a constituti ...
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 Lynn Fitch (born October 5, 1961) is an American lawyer, politician, and the 40th Mississippi Attorney General. She is the first woman to serve in the role and the first Republican since 1878. Previously, she was the 54th State Treasurer of Mis ...
, was sworn-in to office on January 9, 2020.


History

The 1817
Constitution of Mississippi The Constitution of Mississippi is the primary organizing law for the U.S. state of Mississippi delineating the duties, powers, structures, and functions of the state government. Mississippi's original constitution was adopted at a constituti ...
provided for an attorney general to be elected by the
Mississippi State Legislature The Mississippi Legislature is the state legislature of the U.S. state of Mississippi. The bicameral Legislature is composed of the lower Mississippi House of Representatives, with 122 members, and the upper Mississippi State Senate, with 52 me ...
for a one-year term. The legislature elected Mississippi's first attorney general, Lyman Harding, on January 21, 1818. Under the constitution of 1832, the term was extended to four years and the officer was made popularly-elective. The 1890 state constitution maintained the attorney general of Mississippi as a popularly-elected executive official with a four-year term. 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. From 1878 until 2020, all Mississippi attorneys general were Democrats. The incumbent attorney general, Republican
Lynn Fitch Lynn Fitch (born October 5, 1961) is an American lawyer, politician, and the 40th Mississippi Attorney General. She is the first woman to serve in the role and the first Republican since 1878. Previously, she was the 54th State Treasurer of Mis ...
, was sworn-in to office on January 9, 2020. She is the first woman to hold the position.


Powers and responsibilities

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
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year. There are no term limits for the holder of the office. Candidates for the office must meet the same constitutional qualifications as candidates for circuit court and chancery court judges; 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. The attorney general's salary is determined by law. It is currently fixed at $108,960 per year, but is set to increase to $150,000 annually in 2024. The attorney general is the
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of the state and serves as the state's
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
, representing its agencies, boards, and commissions in legal capacities. The attorney general's office also represents district attorneys and local judges in civil litigation, though it is forbidden by law from providing counsel to defendants in criminal cases. Only their office can bring or defend a
lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
on behalf of the state, though they may retain private counsel to work on their own behalf in such instances. 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. The attorney general is responsible for appointing the state's
solicitor general A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
. They are empowered by law to issue
advisory opinion An advisory opinion of a court or other government authority, such as an election commission, is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case, but which merely ...
s on questions of state law to statewide elected officials, legislators, state agencies, judges, and some local officials. They can also exercise powers under
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
. The Office of the Attorney General of Mississippi is split into 16 divisions. The main facilities of the attorney general and their staff are located in
Jackson Jackson may refer to: Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, Queensland, a locality in the Maranoa Region * Jackson South, Queensland, a locality in the Maranoa Region * Jackson oil field in Durham, ...
, though a satellite office is maintained in
Biloxi Biloxi ( ; ) is a city in Harrison County, Mississippi, United States. It lies on the Gulf Coast of the United States, Gulf Coast in southern Mississippi, bordering the city of Gulfport, Mississippi, Gulfport to its west. The adjacent cities ar ...
and another is planned to be opened in
Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...
. As of February 2023, the agency employs about 300 people, including attorneys and law enforcement officers.


List of attorneys general


Notes


References


Works cited

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External links


Mississippi Attorney General
articles at ''ABA Journal''

at
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* ttp://www.ago.state.ms.us/press-releases/ Press releasesat Mississippi Attorney General {{Mississippi statewide elected officials
Attorneys-General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
1820 establishments in Mississippi Mississippi law-related lists