Similar to many other public officials, state attorneys general (AGs) in most states are individually elected via partisan elections.  AGs have more power over our lives and our laws than you may realize.  In states where AGs are elected by popular vote, AG elections provide an opportunity to ensure that competent AGs are in place to address matters important to our family, friends, neighbors and employers.

Because AGs have significant influence over many aspects of our daily lives, it is important to understand the legal philosophy of each AG candidate.   As you consider the candidates, you certainly want someone who’s qualified. But when all the candidates seem to have the right background for the job, what other qualifications should be considered?

Remain Fair, Impartial and Transparent

AGs have an obligation to enforce and defend the laws of their states with integrity and fairness.  Unfortunately, in some circumstances, the role has been politicized in a manner that encourages public media crusades.  These crusades are intended to substantiate campaign pledges to be aggressive defenders of public welfare.  Unfortunately, some of the crusades appear to be personally motivated rather than prompted by public welfare.  AGs should avoid initiating or publicizing unwarranted investigations or litigation unless they have a good-faith belief supported by factual evidence that investigation is necessary to ensure fair enforcement of the law.  Standards and policies that guide AGs’ conduct should be clearly articulated and transparent in order to ensure consistency and fairness in their exercise of the state’s power.

Promote Economic Sustainability

The protection of public welfare includes both social and economic components.  AGs promote public welfare not only through their criminal law enforcement role, but also by strengthening the state’s competitive climate and enhancing economic sustainability.  An AG may exercise broad authority to take legal action and enforce regulations against any person, employer or entity of the state -- actions which can run counter to the economic sustainability of the state.

For example, AGs have the power to minimize the societal cost of frivolous state lawsuits by only addressing cases with sufficient evidence under the law.  Exercising the power to minimize litigation rates and regulatory burdens allows to the state to prosper while protecting jobs and the free market enterprise.  However, if an AG were to take legal or regulatory enforcement actions that wrongly target specific companies, industries or segments of the business community, then it could make it difficult for employers to do business in the state and remain competitive.

Represent Best Interest of the State

AGs must constantly balance effective state law enforcement with the ideals and the best interests of the state and its citizens.  The delicate balance can be compromised in situations where the AGs have retained private plaintiffs’ counsel to bring enforcement actions on their behalf.  Private plaintiffs’ counsel who work on a contingent fee basis have a personal financial interest in using the state’s police power to sue to obtain money from a defendant, which could be at odds with public interest.  It is not always the case that the public interest is best served best by maximizing fees and penalties on a defendant or by criminalizing violations of law, but rather can be well served through some other remedy or settlement.