Virginia Attorney General


The attorney general of Virginia is an elected constitutional position that holds an executive office in the government of Virginia. Attorneys general are elected for a four-year term in the year following a presidential election. There are no term limits restricting the number of terms someone can serve as attorney general.

History

In the Colony of Virginia, attorneys general were typically appointed by the king of England, with vacancies in the office filled by the appointment of the colonial governor or lieutenant governor, sometimes in consultation with the governor's council. The Virginia Constitution of 1851 provided for the popular election of the attorney general.
Mary Sue Terry, sworn in in 1986, was Virginia's first female attorney general. Jason Miyares, sworn in on January 15, 2022, became the state's first Latino attorney general.

Qualifications

The position of attorney general is established by Article V, Section 15 of the Constitution of Virginia, and they are elected for four years and serve concurrently with the governor. All candidates for attorney general must be at least thirty years old, a citizen of the United States, and have the same qualifications required of a Virginia Circuit Court judge.

Responsibilities

The attorney general represents the legal interests of the people of Virginia and agencies and boards of the state's government. By law, the attorney general must represent the state and its constituent agencies unless it is impractical to do so, in which case private legal representation may be contracted to serve in their place. They are responsible for aiding investigative activities into certain criminal activities, enforcing certain laws, and providing official advice on questions of law to members of the Virginia General Assembly and other state officials. The attorney general can be impeached and removed from office by the Virginia General Assembly.
The office of attorney general is led by the attorney general. Under them serve a chief deputy attorney general, four deputy attorneys general, and various other legal and support staff.

List of attorneys general

Colonial Virginia

Records of this period are sparse. The attorney general was appointed by the King, a combination of the governor and council, or the governor or acting governor. There was no term of office, and the office may have been vacant for extended periods.
NameTermNotes
Richard LeeOctober 12, 1643 – c. 1651Appointed by Governor William Berkeley and Council
1652–1660Office apparently vacant during the Interregnum
Peter JeningsBefore June 25, 1670 – c. October 12, 1670Reappointed by Charles II of England on September 15, 1670
George JordanOctober 12, 1670 – at least October 3, 1672Appointed by Governor William Berkeley and Council
Robert BeverleyMarch 10, 1676 Appointed by Governor William Berkeley and Council
George JordanActing on May 20, 1677
William SherwoodEarly March 1677 – at least until November 25, 1678
Edward Hillappointed by Deputy Governor Henry Chicheley on September 27, 1679.
Edmund Jenings1680 – before November 16, 1686
George BrentBefore November 16, 1686 – before May 1, 1688Acting
Edmund Jeningsc. May 1, 1688 – June 10, 1691
Edward ChiltonOctober 20, 1691 – April 1694Appointed by Governor Francis Nicholson. Resigned.
William RandolphApril 1694 – October 29, 1698Appointed by Governor Francis Nicholson. Resigned.
Bartholomew FowlerOctober 29, 1698 – September 4, 1700Appointed by Governor Francis Nicholson. Resigned.
Benjamin Harrison IIIOctober 17, 1700 – c. 1702Appointed by Governor Francis Nicholson and Council.
Stevens ThomsonMarch 2, 1704 – February 1714Privy Council approved appointment July 30, 1703. Died in office.
John Clayton1714 – November 18, 1737Appointed by Lieutenant Governor Alexander Spotswood, given leave to England
John RandolphApril 22, 1726 – late 1727 or early 1728Appointed acting by Lieutenant Governor William Gooch in Clayton's absence
John Claytonlate 1727 or early 1728 – November 18, 1737Reappointed by royal warrant after February 29, 1728. Died in office
Edward BarradallActing between November 17 and 25, 1737 – June 19, 1743Appointed acting by Lieutenant Governor William Gooch, followed by warrant March 7, 1738, died in office
Thomas NelsonBetween June 19 and 27, 1743 – summer 1744Appointed acting by Lieutenant Governor William Gooch
Peyton RandolphMay 7, 1744 – sometime before January 29, 1754Office declared forfeit on June 20, 1754
Peyton RandolphMay 13, 1755 – sometime soon after November 22, 1766Resigned
George Wythec. January 29, 1754 – between January 20 and February 10, 1755Appointed acting by Lieutenant Governor Robert Dinwiddie
George Wythec. after November 22, 1766 – between June 4 and 11, 1767Appointed acting by Lieutenant Governor Francis Fauquier
John RandolphBetween June 4 and 11, 1767 – early September 1775 Fled Virginia in September 1775

Virginia (1776–1857)

From 1776 to 1851, the attorney general was elected by the General Assembly, or, in case of vacancy, appointed by the governor for an undefined term. The Virginia Constitution of 1851 introduced popular election and four-year terms. After the 1851 constitution, vacancies would be filled by the General Assembly, if they were in session, or by the governor.
ImageNameTermPartyNotes
Edmund Randolphearly July 1776 – November 30, 1786Elected by convention
James InnesNovember 30, 1786 – November 13, 1796Resigned
John Marshallmid-October 1794 – late March 1795Acting
Robert Brookemid-November 1796 – February 27, 1800Democratic-RepublicanDied in office
Philip Norborne NicholasMarch 15, 1800 – January 7, 1819Democratic-RepublicanAppointed by Governor James Monroe, elected by General Assembly, resigned
John RobertsonJanuary 21, 1819 – mid-October 1834DemocraticResigned
Sidney Smith BaxterDecember 11, 1834 – January 1, 1852Democratic
Willis Perry BocockJanuary 1, 1852 – May 15, 1857DemocraticResigned

Civil War and Reconstruction

Tucker served as the attorney general of Confederate Virginia throughout the Civil War. Wheat and Bowden served as the attorneys general for Restored Government of Virginia. From 1865 to 1870, the commanding general of the military district of Virginia appointed the office.
ImageNameTermPartyNotes
John Randolph TuckerJune 13, 1857 – May 9, 1865DemocraticConfederate attorney general throughout war. Left office when government abandoned Richmond.
James S. WheatJune 21, 1861 – December 7, 1863RepublicanElected at the Wheeling Convention and then in a May 1862 election for the Restored Government of Virginia in Wheeling.
Thomas Russell BowdenDecember 7, 1863 – August 1, 1869UnionAttorney general for the Restored Government of Virginia in Wheeling, then Alexandria, after West Virginia separated, and in post-war Reconstruction Virginia.
Charles WhittleseySeptember 10, 1869 – January 19, 1870RepublicanAppointed and removed by Brigadier General Edward Richard Sprigg Canby
James Craig TaylorJanuary 19, 1870 – January 1, 1874Conservative Party of VirginiaAppointed by Brigadier General Canby after winning election

Virginia (1874–present)

Works cited

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