Arizona Attorney General

{{short description|Attorney general of the U.S. state of Arizona}}

{{Infobox Political post

| post = Attorney General

| body = Arizona

| insignia = Seal of the Attorney General of Arizona.png

| insigniasize =

| insigniacaption = Seal of the attorney general of Arizona

| imagesize =

| image = Kris Mayes (52365525231) (cropped).jpg

| alt = = Current Arizona Attorney General Kris Mayes

| incumbent = Kris Mayes

| incumbentsince = January 2, 2023

| style = The Honorable

| termlength = Four years; renewable once consecutively

| inaugural =

| residence = Phoenix, Arizona

| formation = 1912

| succession = Second

| deputy = None

| salary = $90,000

| website = {{url|https://www.azag.gov/}}

}}

The Arizona attorney general is the chief legal officer of the State of Arizona, in the United States. This state officer is the head of the Arizona Department of Law,{{cite web |title=A.R.S. §41-193 {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=18 January 2019 |ref=AZAG-power_ARS41-193 | quote=The department of law shall be composed of the attorney general and the subdivisions of the department created as provided in this article [...] (A.R.S. §41-193).}} more commonly known as the Arizona Attorney General's Office. The state attorney general is a constitutionally-established officer, elected by the people of the state to a four-year term. The state attorney general is second (behind the Secretary of State) in the line of succession to the office of Governor of Arizona.{{cite web|url=https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/const/5/6.htm|title=Constitution of Arizona: Article V, Section 6|work=Arizona Legislature|accessdate=August 22, 2019}}

Headed by the attorney general of Arizona,{{cite web |title=A.R.S. §41-192 {{!}} Powers and duties of attorney general; restrictions on state agencies as to legal counsel; exceptions; compromise and settlement monies |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00192.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=18 January 2019 |ref=AZAG-power_ARS41-192 |quote=The attorney general shall have charge of and direct the department of law and shall serve as chief legal officer of the state [...] (A.R.S. §41-192).}} the Arizona Attorney General's Office is the largest law office in the state, with approximately 400 attorneys and 1,000 employees. {{asof|2019}}, the Attorney General's Office is divided into the following divisions:{{cite web |title=About the Office of Attorney General |url=https://www.azag.gov/about |department=Arizona Attorney General's Office |publisher=State of Arizona |accessdate=18 January 2019 |ref=AZAG-about}}{{cite web |title=Arizona Attorney General's Office {{!}} AGO Organization |url=https://www.azag.gov/sites/default/files/docs/office/AGO_Org_Chart_2019-01-14.pdf |department=Arizona Attorney General |publisher=State of Arizona |accessdate=January 18, 2019 |ref=AZAG-OrgChart2019 |date=January 14, 2019}}

Executive Office
Solicitor General
Operations
Child and Family Protection
State Government Division
Civil Litigation Division
Criminal

Qualifications

The Arizona Constitution requires all of the officers in the state's executive department, including the attorney general, to be at least 25 years old, a U.S. citizen for 10 years and an Arizona resident for five years.{{cite web |title=Arizona Constitution, article 5, section 2 |url=https://www.azleg.gov/viewDocument/?docName=http://www.azleg.gov/const/5/2.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=18 January 2019 |ref=AZAG-eligibility |quote=No person shall be eligible to any of the offices mentioned in section 1 of this article except a person of the age of not less than twenty-five years, who shall have been for ten years next preceding his election a citizen of the United States, and for five years next preceding his election a citizen of Arizona (Arizona Const., article 5, section 2).}}

Arizona law further requires the attorney general to have been a "practicing attorney before the supreme court of the state" for at least five years before taking office,{{cite web |title=A.R.S. §41-191(A) {{!}} Attorney general; qualifications; salary; assistants; fees; exceptions; outside counsel |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00191.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=18 January 2019 |quote=The attorney general shall have been for not less than five years immediately preceding the date of taking office a practicing attorney before the supreme court of the state. He is entitled to receive an annual salary pursuant to section 41-190 (A.R.S. §41-191(A).}} however the Arizona Supreme Court ruled the law unconstitutional during the appointment process of Jack LaSota in 1977; LaSota had not renewed his state bar membership and was therefore not considered a practicing attorney.{{cite web |title=State ex rel. Sawyer v. LaSota, 119 Ariz. 253 (1978) |url=https://www.courtlistener.com/opinion/1193580/state-ex-rel-sawyer-v-lasota/ |department=Court Listener |publisher=Free Law Project |accessdate=18 January 2019}}

Powers and duties

While the state constitution establishes the office of Attorney General, it does not prescribe the powers of the office. Instead, the Arizona Constitution expressly provides that the powers and duties of the state attorney general are to be prescribed by the Arizona State Legislature.{{cite web |title=Arizona Constitution, Article V, §9 |url=https://www.azleg.gov/viewdocument/ |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=The powers and duties of secretary of state, state treasurer, attorney-general, and superintendent of public instruction shall be as prescribed by law.}} In pursuance of this constitutional mandate, the Arizona Legislature has prescribed that, under A.R.S. §41-193(A)(1) – § 41-193(A)(8), the attorney general of Arizona, through the Arizona Department of Law, shall:

Prosecute and defend in the state supreme court all proceedings in which the state or an officer thereof is a party ~ A.R.S. § 41-193(A)(1);{{cite web |title=A.R.S. § 41-193(A)(1) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [p]rosecute and defend in the supreme court all proceedings in which the state or an officer thereof in his official capacity is a party.}}
Under certain conditions, prosecute and defend any proceeding in all other courts of the state, in which the state or an officer thereof is a party or has an interest ~ A.R.S. § 41-193(A)(2);{{cite web |title=A.R.S. § 41-193(A)(2) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [a]t the direction of the governor or when deemed necessary by the attorney general, prosecute and defend any proceeding in a state court other than the supreme court in which the state or an officer thereof is a party or has an interest.}}
Represent the state in any action in a federal court ~ A.R.S. § 41-193(A)(3);{{cite web |title=A.R.S. § 41-193(A)(3) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [r]epresent the state in any action in a federal court, the cost thereof and the expenses of the attorney general incurred therein to be a charge against the state.}}
Exercise supervisory powers over county attorneys ~ A.R.S. § 41-193(A)(4);{{cite web |title=A.R.S. § 41-193(A)(4) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [e]xercise Exercise supervisory powers over county attorneys of the several counties in matters pertaining to that office and require reports relating to the public business thereof.}}
Under certain conditions, assist any county attorney in the discharge of their duties ~ A.R.S. § 41-193(A)(5);{{cite web |title=A.R.S. § 41-193(A)(5) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [a]t the direction of the governor, or when deemed necessary, assist any of the county attorneys in the discharge of their duties.}}
Maintain a docket of all proceedings in which the attorney general is required to appear ~ A.R.S. §41-193(A)(6);{{cite web |title=A.R.S. § 41-193(A)(6) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [m]aintain a docket of all proceedings in which the attorney general is required to appear, showing the condition thereof, the proceedings therein, the proceedings subsequent to judgment and the reasons for any delay of execution.}}
Issue attorney general opinions on questions of law to state officers and agencies ~ A.R.S. § 41-193(A)(7);{{cite web |title=A.R.S. § 41-193(A)(7) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [u]pon demand by the legislature, or either house or any member thereof, any public officer of the state or a county attorney, render a written opinion upon any question of law relating to their offices. Such opinions shall be public records.}} and
Perform other duties prescribed by law ~ A.R.S. § 41-193(A)(8).{{cite web |title=A.R.S. § 41-193(A)(8) {{!}} Department of law; composition; powers and duties |url=https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/00193.htm |department=Arizona State Legislature |publisher=State of Arizona |accessdate=4 February 2019 |quote=[The attorney general shall] [...] [p]erform other duties prescribed by law.}}