State attorneys general (AG) elections do not garner as much attention as presidential or congressional races, yet AGs have just as significant an impact on your job, your family and your economic future.  An AG acts as the highest ranking lawyer representing the state as well as the state’s top law enforcement official. 

The Role of the Attorney General

A key function of the AG’s office is to enforce the law as written by the legislature and interpreted by the judicial system while regulating behaviors that affect public welfare, security, health and safety.  For example, an AG has the power to:

• Prosecute certain violations of criminal law where individuals pose a threat to state citizens
• Enforce environmental, consumer protection and other regulatory laws
• Act as legal counsel to the state agencies and the state legislature
• Provide legal opinions to state agencies about the implementation of state regulations
• Give advice to state legislature about the legal consequences of legislative action
• Act as a plaintiff who brings a suit on behalf of state and its citizens, or as a defendant who defends the legislative or executive actions of the state. 

As the state’s top law enforcement official, the AG’s office supports the efforts of police and prosecutors throughout the state in the fight against criminal activities that pose a threat to state citizens.  These crimes can range from illegal drug trafficking to capital murder.  The AG coordinates and cooperates with inter-jurisdictional efforts involving local, state and federal criminal law enforcement agencies.

The Economic Impact on the State

In addition to acting as public advocates in areas such as consumer protection, antitrust and utility regulations, AGs also promote public welfare 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, in the litigation they pursue on behalf of the state, AGs have the power to minimize the societal cost of frivolous lawsuits by focusing only on serious cases brought under existing law, where they have sufficient legal evidence to proceed.  Exercising the power to minimize litigation costs and regulatory burdens allows to the state to prosper while protecting jobs and the freedom of the marketplace.  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.

The Political Track Record of AGs

Did you know President Bill Clinton was once the AG for the state of Arkansas?  Or that Senator Sheldon Whitehouse served as the AG of Rhode Island?  While the political ambition of some AGs elevates them to Congress or even the White House, many AGs have gubernatorial aspirations, like recently-elected Governor Bob McDonnell of Virginia, a former AG of that state, or outgoing governor Jennifer Granholm of Michigan, also a former AG. This has led some political humorists to opine that AG might stand for “aspiring governor.”

Because AGs often seek executive or congressional offices, it is also important to understand how their political views may influence their decision-making in a future role.  AGs often run very high-profile races where they proclaim they will crack down on certain activities in an effort to grab headlines and obtain credentials as true defenders of the people.  An over-zealous approach can have far-reaching implications; for example, if legal and regulatory enforcement action is targeted against employers or other entities for frivolous disputes.