Alabama. Attorney General's Office

Authorities:

1901 Alabama Constitution, Art. V, Sec. 112, 114-115, 117-118, 127, 129, 132, 136-137; Art. VII, Sec. 173; Amendment III; Amendment 282.

Alabama Code, Sec. 12-3-32; 16-24-30, 23-1-5 to 23-1-6; 36-15-1 to 36-15-21.

Acts 1933, No. 177, p. 189 (Extra Session).

Acts 1935, No. 509, p. 1096.

Acts 1959, No. 542, p. 1318.

Acts 1969, No. 740, p. 1315.

Alabama Government Manual, 1982.

Alabama Official and Statistical Register, 1979.

Laws of Alabama, Harry Toulmin.

1819 Alabama Constitution, Art. V, Sec. 18.

Markley, Anne Ethelyn. Author Headings of the Official Publications of the State of Alabama. Chicago: American Library Association, 1948.

The Attorney General is a constitutional officer whose principal duties are to provide legal advice and legal representation for the State, its officers, and its citizens. The Attorney General is selected by popular election. To qualify for the office, one must be at least 25 years of age, a U.S. citizen for at least seven years and a resident of Ala. for five years preceding the election. The Attorney General serves a four year term of office, is eligible for one successive term and may be removed by impeachment.

In 1819, the framers of the Ala. Constitution made specific provisions for the creation and maintenance of an attorney-general for the state who would be elected by a joint vote of the general assembly. The original term of office, as provided for by the Constitution, was four years. (1819 Alabama Constitution, Art. V, Sec. 18)

The office of Attorney General actually originated in 1807 when the Mississippi territorial legislature provided for an appointment "East of the Pearl", in an area which is now within the State of Ala. Once Ala. achieved its territorial status, the office was retained (complete with its previously authorized powers). The official's primary duties, however, were to preside over the superior courts of his particular district. In 1819, with Ala.'s rise to statehood, the office was carried into the Constitution of Ala. to be elected by joint vote of the legislature for a term of four years. (Alabama Official and Statistical Register, 1979, p. 34; 1819 Alabama Constitution, Art. V, Sec. 18)

Among the original duties of the Attorney General were the maintenance of an office at the place designated for the seat of government, and to conduct and prosecute in the Supreme Court, all suits in which the state may have been concerned, and to give his opinion and advice in writing, or otherwise, on any question of law when required by the Comptroller of Public Accounts, or the State Treasurer, concerning matters which related to their respective offices. He was also authorized to perform the duties of solicitor in the judicial court, embracing the place designated for the seat of the state government, and receiving in addition to the salary established by law, the fees for prosecution in such circuit, and in the Supreme Court which were allowed to solicitors for the like services. (Toulmin, p. 25).

Despite constitutional amendments and revisions of 1861 and 1865, the Attorney General's previously authorized duties remained intact without any major modifications in their character. However, the Constitution of the State of Ala. 1868 provided for the direct election of the Attorney General by the electors of the State at the time and places at which they shall vote for Representatives, thus modifying the previously authorized system of legislative nomination and approval. Furthermore, the term of office for the Attorney General was reduced considerably from four years to two years; however, the actual character of the officer's duties remained constant. (Constitution of the State of Alabama 1868, Art. V, Sec. 1, 2)

The Constitution of Ala. of 1901 set forth that the Attorney General would be elected by the qualified electors of the state at the same time and places appointed for the election of members of the legislature in the year 1902, and in every fourth year, thereafter, thus modifying the electoral process for the office. Furthermore, this Constitution also set forth new guidelines regarding the terms of office for the Attorney General. It stated that the Attorney General elected after ratification of the Constitution would hold his respective office for the term of four years from the first Monday after the second Tuesday in Jan. next succeeding his election, and until his successor shall have been elected and qualified. In addition, the Constitution made new arrangements which emphatically forbade an Attorney General from succeeding himself. (Constitution of Alabama of 1901, Art. V, Sec. 114, 116)

From 1933 to 1940, the Attorney General, along with the Governor and State Comptroller, functioned as the Ala. Warrant Commission (Markley, p.112).

In 1935, the previously authorized and allocated powers of the State Securities Commission were conferred upon the Attorney General. Upon that conferral, the Attorney General was invested with all the authority, rights, privileges, and immunities of the State Securities Commission. Additionally, said officer was thereby legally authorized to prosecute all cases before said commission, pending and undetermined, as well as to reorganize said commission in any way, shape, or fashion he deemed necessary, proper, and expedient to the administration, expedition, and perpetuation, of said commission's previously allocated and authorized duties/functions (Acts 1935, No. 509, Sec. 1-4).

The 1940 Code designated that the office be renamed State Securities Commissioner (Markley, p. 100).

In 1959, the Ala. Securities Law, 1959, was passed. Said act repealed the previously authorized law relating to securities. Furthermore, the act contained provisions relating to fraudulent and other prohibited practices, registration of dealers and salesmen, registration of securities, registration by notification, registration by coordination, registration by qualification, denial, suspension, and revocation of registration, general definitions pertaining to securities, exempt securities, exempt transactions, consent to service of process, misleading filings, unlawful representations concerning registration or exemption, investigations and subpoenas, injunctions, criminal penalties, civil liabilities, judicial review of orders, administration of said act, proof of exemption, short title, severability of provisions, repeal and saving provisions, and warnings to public.

In 1969, the Ala. Attorney General, office of State Securities Commissioner was legally abolished. In lieu of said office, the Ala. Securities Commission was established, thus ending the Attorney General's regulatory control over the state's securities industry (Acts 1969, No. 740, Sec. 1-2)

In recent years, holders of this office have undertaken a more broad interpretation of the constitutionally-allocated powers of the office; however, the powers of the office have remained the same. Coinciding with the Attorney General's role as "Alabama's chief attorney", he also serves ex-officio memberships on the Alabama Public Hunting and Forestry Association, Board of Compromise, Board to Prepare the Revenue Bill, Building Commission, State Oil and Gas Board, Board of Canvassers of Election Returns, State Safety Coordinating Committee, Alabama Building Finance Authority, Alabama Building Authority, Alabama Highway Authority, Alabama Education Authority, Alabama Highway Finance Corporation, and the Securities Commission. Furthermore, he carries out several more legally-inclined duties which are vital to the administration of the state's governmental programs. He serves as a legal advisor to all state, county, and municipal officers, departments, boards, and commissions, which ask advice on official business. He, also, represents the state before all federal and state courts in all cases which Ala. is a party or has an interest and is legal representative for all state, county, and municipal officers. Furthermore, he is responsible for the institution of proceedings to enforce the rules and regulations of state, county, and municipal officers. He may also institute proceedings against agents of the State in the name of the citizens of Ala. (Alabama Government Manual, 1982)

The Attorney General appoints the State Toxicologist upon the nomination of the State Chemist, and assigns an assistant from the Attorney General's Office to be Legal Advisor to the State Tenure Commission. Approval of the Attorney General is necessary for the appointment by the Highway Director of a Chief Counsel and five assistant counsels for the Legal Division of the State Highway Department. Also, the Attorney General's Office represents the interests of the State at all meetings of the Board of Education and the State Board of Adjustment. The Attorney General also serves several other inherent duties which are pertinent to the State's administration. Among these are the preparation of all contracts and writings in any matters in which the State has an interest as well as the examination and approval/disapproval of all cost bills presented to the State in criminal cases where the costs are claims or charges against the convict fund. He also publishes a quadrennial report and quarterly copies of formal opinions as well as being physically present at the destruction of all cancelled bonds. (Alabama Government Manual, 1982)

To more efficiently facilitate the administration of our State's programs, the Attorney General appoints a Deputy Attorney General, an executive assistant and an administrative assistant who serve at the Attorney General's pleasure. The Deputy Attorney General exercises such powers as the Attorney General delegates and exercises the full power of the Attorney General when the Attorney General is absent. Qualifications for this office are the same as those for Attorney General. Furthermore, Assistant Attorneys General are employed outside the Merit System and become subject to its provisions at the successful completion of the probationary period. The Office of the Attorney General also employs secretarial, administrative, and investigatory personnel. (Alabama Government Manual, 1982)

As of 1986, the Attorney General's office consisted of the following divisions:

Alabama. Attorney General. Opinions and Agencies Division.

Authority: Attorney General Organizational Chart, 1986.

Alabama. Attorney General. Consumer Protection Division.

Alabama. Attorney General. Criminal Division.

Alabama. Attorney General. Civil Division.

Alabama. Attorney General. Administrative Division.

Alabama. Attorney General. Appeals Division.

From the description of Agency history record. (Unknown). WorldCat record id: 145407731