Attorney General of Virginia

Attorney general for the U.S. state of Virginia

Attorney General of Virginia

Seal of the attorney general of Virginia

Incumbent
Jason Miyares

since January 15, 2022

Style| The Honorable
Type| Elected constitutional position
Term length| Four years
Formation| 1776
First holder| Edmund Randolph
Website| www.oag.state.va.us

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.[1]

## History

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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.[2] The Virginia Constitution of 1851 provided for the popular election of the attorney general.[3]

Mary Sue Terry, sworn in in 1986, was Virginia's first female attorney general.[4] Jason Miyares, sworn in on January 15, 2022, is the state's first Latino attorney general.[5]

## Qualifications

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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.[6]

## Responsibilities

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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.[7] The attorney general can be impeached and removed from office by the Virginia General Assembly.[8]

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.[7]

## List of attorneys general

[edit]

### Attorneys general of colonial Virginia

[edit]

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.[2]

Name  | Term  | Notes

|
|

Richard Lee | October 12, 1643 – 1642  | Appointed by Governor William Berkeley and Council
(Office not in use?)  | 1652–1660  | Office apparently vacant during the Interregnum
Peter Jenings | Before June 25, 1670 – c. October 12, 1670  | Reappointed by Charles II of England on September 15, 1670
George Jordan | October 12, 1670 – at least October 3, 1672  | Appointed by Governor William Berkeley and Council
Robert Beverley | March 10, 1676 (appointed)[9] | Appointed by Governor William Berkeley and Council
George Jordan | Acting on May 20, 1677  |
William Sherwood | Early March 1677 – at least until November 25, 1678  |
Edward Hill | appointed by Deputy Governor Henry Chicheley on September 27, 1679.  |
Edmund Jenings | 1680 – before November 16, 1686  |
George Brent | Before November 16, 1686 – before May 1, 1688  | Acting
Edmund Jenings | c. May 1, 1688 – June 10, 1691  |
Edward Chilton[10] | October 20, 1691 (sworn) – April 1694  | Appointed by Governor Francis Nicholson. Resigned.
William Randolph | April 1694 (sworn) – October 29, 1698  | Appointed by Governor Francis Nicholson. Resigned.
Bartholomew Fowler | October 29, 1698 – September 4, 1700  | Appointed by Governor Francis Nicholson. Resigned.
Benjamin Harrison III | October 17, 1700 – c. 1702  | Appointed by Governor Francis Nicholson and Council.
Stevens Thomson | March 2, 1704 (sworn) – February 1714  | Privy Council approved appointment July 30, 1703. Died in office.
John Clayton | 1714 – November 18, 1737  | Appointed by Lieutenant Governor Alexander Spotswood, given leave to England[11]
John Randolph | April 22, 1726 – late 1727 or early 1728  | Appointed acting by Lieutenant Governor William Gooch in Clayton's absence
John Clayton  | late 1727 or early 1728 – November 18, 1737  | Reappointed by royal warrant after February 29, 1728. Died in office
Edward Barradall | Acting between November 17 and 25, 1737 – June 19, 1743  | Appointed acting by Lieutenant Governor William Gooch, followed by warrant March 7, 1738, died in office
Thomas Nelson | Between June 19 and 27, 1743 – summer 1744  | Appointed acting by Lieutenant Governor William Gooch
Peyton Randolph | May 7, 1744 (warrant) – sometime before January 29, 1754  | Office declared forfeit on June 20, 1754
Peyton Randolph | May 13, 1755 (warrant) – sometime soon after November 22, 1766  | Resigned
George Wythe | c. January 29, 1754 – between January 20 and February 10, 1755  | Appointed acting by Lieutenant Governor Robert Dinwiddie
George Wythe | c. after November 22, 1766 – between June 4 and 11, 1767  | Appointed acting by Lieutenant Governor Francis Fauquier
John Randolph | Between June 4 and 11, 1767 – early September 1775 (fled)  | Fled Virginia in September 1775

### Attorneys general (1776–1857)

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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.

Image  | Name  | Term  | Party  | Notes

|
|
|
|

| Edmund Randolph | early July 1776 – November 30, 1786  |  | Elected by convention
| James Innes | November 30, 1786 – November 13, 1796  |  | Resigned
| John Marshall | mid-October 1794 – late March 1795  |  | Acting
| Robert Brooke | mid-November 1796 – February 27, 1800  | Democratic-Republican | Died in office
| Philip Norborne Nicholas | March 15, 1800 – January 7, 1819  | Democratic-Republican | Appointed by Governor James Monroe, elected by General Assembly, resigned
| John Robertson | January 21, 1819 – mid-October 1834  | Democratic | Resigned
| Sidney Smith Baxter | December 11, 1834 – January 1, 1852  | Democratic |
| Willis Perry Bocock | January 1, 1852 – May 15, 1857  | Democratic | Resigned

### Attorneys general during the Civil War and Reconstruction

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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.

Image  | Name  | Term  | Party  | Notes

|
|
|
|

| John Randolph Tucker | June 13, 1857 – May 9, 1865  | Democratic | Confederate attorney general throughout war. Left office when government abandoned Richmond.
| James S. Wheat | June 21, 1861 – December 7, 1863  | Republican | Elected at the Wheeling Convention and then in a May 1862 election for the Restored Government of Virginia in Wheeling.
| Thomas Russell Bowden | December 7, 1863 – August 1, 1869  | Union | Attorney general for the Restored Government of Virginia in Wheeling, then Alexandria, after West Virginia separated, and in post-war Reconstruction Virginia.
| Charles Whittlesey | September 10, 1869 – January 19, 1870  | Republican  | Appointed and removed by Brigadier General Edward Richard Sprigg Canby
| James Craig Taylor | January 19, 1870 – January 1, 1874  | Conservative Party of Virginia | Appointed by Brigadier General Canby after winning election (moving forward swearing-in date)

### Attorneys general (1874–present)

[edit]

Image  | Name  | Term  | Party  | Notes

|
|
|
|

| Raleigh Travers Daniel[12] | January 1, 1874 – August 16, 1877  | Conservative Party of Virginia | Died in office
| James Gavin Field | August 29, 1877 – January 1, 1882  | Conservative Party of Virginia | Appointed and then elected
| Francis Simpson Blair | January 1, 1882 – January 1, 1886  | Readjuster Party[13] |
| Rufus A. Ayers | January 1, 1886 – January 1, 1890  | Democratic |
| R. Taylor Scott | January 1, 1890 – August 5, 1897  | Democratic | Died in office
| Richard Carter Scott | August 11, 1897 – January 1, 1898  | Democratic | appointed by Governor Charles T. O'Ferrall
| Andrew Jackson Montague | January 1, 1898 – January 1, 1902  | Democratic | Became governor January 1, 1902
| William Alexander Anderson | January 1, 1902 – February 1, 1910  | Democratic |
| Samuel Walker Williams | February 1, 1910 – February 2, 1914  | Democratic |
| John Garland Pollard | February 2, 1914 – January 5, 1918  | Democratic | Resigned.
| Josiah D. Hank Jr. | January 5, 1918 - February 1, 1918  | Democratic | Appointed by Governor Henry C. Stuart
| John R. Saunders | February 1, 1918 – March 17, 1934  | Democratic | Died in office
| Abram Penn Staples | March 22, 1934 – October 6, 1947  | Democratic  | Resigned to become judge of the Virginia Supreme Court of Appeals
| Harvey Black Apperson | October 7, 1947 – February 2, 1948  | Democratic  | Appointed by Governor; Died in office
| J. Lindsay Almond | February 11, 1948 – September 16, 1957  | Democratic  | Resigned to run for Governor
| Kenneth Cartwright Patty | September 1957 – January 1958  | Democratic  | Appointed by Governor
| Albertis Sydney Harrison | January 1958 – April 1961  | Democratic  | Resigned to run for Governor
| Frederick Thomas Gray | May 1961 – January 1962  | Democratic  | Appointed by Governor
| Robert Young Button | January 1962 – January 1970  | Democratic  | [14]
| Andrew Pickens Miller | January 1970 – January 1977  | Democratic  | Resigned to run for Governor
| Anthony Francis Troy | January 1977 – January 1978  | Democratic  |
| J. Marshall Coleman | January 14, 1978 – January 16, 1982  | Republican |
| Gerald Baliles | January 16, 1982 – June 30, 1985  | Democratic  | Resigned to run for Governor
| William Broaddus | July 1, 1985 – January 11, 1986  | Democratic  |
| Mary Sue Terry | January 11, 1986 – January 28, 1993  | Democratic  | Resigned to run for Governor
| Stephen D. Rosenthal | January 29, 1993 – January 15, 1994  | Democratic  |
| Jim Gilmore | January 15, 1994 – June 11, 1997  | Republican  | Resigned to run for Governor
| Richard Cullen | June 11, 1997 – January 17, 1998  | Republican  |
| Mark Earley | January 17, 1998 – June 4, 2001  | Republican  | Resigned to run for Governor
| Randolph A. Beales | July 11, 2001 – January 12, 2002  | Republican  |
| Jerry Kilgore | January 12, 2002 – February 1, 2005  | Republican  | Resigned to run for Governor
| Judith Jagdmann | February 1, 2005 – January 14, 2006  | Republican  |
| Bob McDonnell | January 14, 2006 – February 20, 2009  | Republican  | Resigned to run for Governor
| Bill Mims | February 20, 2009 – January 16, 2010  | Republican  |
| Ken Cuccinelli | January 16, 2010 – January 11, 2014  | Republican  |
| Mark Herring | January 11, 2014 – January 15, 2022  | Democratic  |
| Jason Miyares | January 15, 2022 – present  | Republican  | First attorney general of Hispanic and Cuban descent.

## References

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1. ^ "Constitutional and Statutory Provisions For Number of Consecutive Terms of Elected State Officials", National Governors Association. Retrieved on 2008-05-21.
2. ^ a b "Attorneys General of Virginia". Encyclopedia Virginia. Virginia Humanities. Retrieved March 20, 2023.
3. ^ Dinan 2014, pp. 113, 139.
4. ^ Elsman, Dale (January 12, 1986). "Baliles, Wilder, Ms. Terry sworn in, say state 'leading the nation again'". Richmond Times-Dispatch. pp. 1, 12.
5. ^ Mirshahi, Dean (January 15, 2022). "Jason Miyares, sworn in as attorney general, makes history as first Latino to hold statewide office in Virginia". ABC8News. Nexstar Media. Retrieved July 1, 2023.
6. ^ "Constitution of Virginia". Virginia's Legislative Information System. Archived from the original on November 6, 2013. Retrieved December 30, 2013.
7. ^ a b "About the Office". Attorney General of Virginia. Retrieved March 20, 2023.
8. ^ Dinan 2014, p. 138.
9. ^ Evans, Emory g. "Robert Beverley (bap. 1635–1687)". Encyclopedia Virginia. Retrieved July 6, 2015.
10. ^ Tate, Thad W. "Edward Chilton (1658–1707)". Encyclopedia Virginia. Retrieved July 6, 2015.
11. ^ Tarter, Brent. "John Clayton (ca. 1666–1737)". Encyclopedia Virginia. Retrieved July 1, 2015.
12. ^ Tarter, Brent. "Raleigh Travers Daniel (1805–1877)". Encyclopedia Virginia/Dictionary of Virginia Biography. Retrieved June 15, 2015.
13. ^ Tarter, Brent. "Francis Simpson Blair (1839–1899)". Encyclopedia Virginia. Retrieved August 24, 2015.
14. ^ Bugg, J. L. "Robert Young Button (1899–1977)". Encyclopedia Virginia. Retrieved July 15, 2015.

## Works cited

[edit]

* Dinan, John J. (2014). The Virginia State Constitution. Oxford University Press. ISBN 9780199355723.

## External links

[edit]

* Virginia Attorney General official website
* Code of Virginia at Law.Justia.com
* Virginia Attorney General Mark Herring profile at National Association of Attorneys General
* Press releases at Virginia Attorney General

* v
* t
* e

Attorneys general of Virginia

* Randolph
* Innes
* Marshall
* Brooke
* Nicholas
* Robertson
* Baxter
* Bocock
* Tucker
* Wheat (disputed)
* Bowden
* Whittlesey
* Taylor
* Daniel
* Field
* Blair
* Ayers
* R. T. Scott
* R. C. Scott
* Montague
* Anderson
* Williams
* Pollard
* Hank
* Saunders
* Staples
* Apperson
* Almond
* Patty
* Harrison
* Gray
* Button
* Miller
* Troy
* Coleman
* Baliles
* Broaddus
* Terry
* Rosenthal
* Gilmore
* Cullen
* Earley
* Beales
* Kilgore
* Jagdmann
* McDonnell
* Mims
* Cuccinelli
* Herring
* Miyares

* v
* t
* e

Attorneys general of the United States

United States Attorney General: ▌Pam Bondi (R)

▌Steve Marshall (R)

▌Treg Taylor (R)

▌Kris Mayes (D)

▌Tim Griffin (R)

▌Rob Bonta (D)

▌Phil Weiser (D)

▌William Tong (D)

▌Kathy Jennings (D)

▌James Uthmeier (R)

▌Christopher M. Carr (R)

▌Anne E. Lopez (D)

▌Raúl Labrador (R)

▌Kwame Raoul (D)

▌Todd Rokita (R)

▌Brenna Bird (R)

▌Kris Kobach (R)

▌Russell Coleman (R)

▌Liz Murrill (R)

▌Aaron Frey (D)

▌Anthony Brown (D)

▌Andrea Campbell (D)

▌Dana Nessel (D)

▌Keith Ellison (DFL)

▌Lynn Fitch (R)

▌Andrew Bailey (R)

▌Austin Knudsen (R)

▌Mike Hilgers (R)

▌Aaron D. Ford (D)

▌John Formella (R)

▌Matt Platkin (D)

▌Raúl Torrez (D)

▌Letitia James (D)

▌Jeff Jackson (D)

▌Drew Wrigley (R)

▌Dave Yost (R)

▌Gentner Drummond (R)

▌Dan Rayfield (D)

▌Dave Sunday (R)

▌Peter Neronha (D)

▌Alan Wilson (R)

▌Marty Jackley (R)

▌Jonathan Skrmetti (R)

▌Ken Paxton (R)

▌Derek Brown (R)

▌Charity Clark (D)

▌Jason Miyares (R)

▌Nick Brown (D)

▌JB McCuskey (R)

▌Josh Kaul (D)

▌Bridget Hill (R)

Federal districts:

▌Brian Schwalb (D)

Territories:

▌Fainu'ulelei Alailima-Utu

▌Doug Moylan (R)

▌Ed Manibusan (D)

▌Janet Parra (PNP)*

▌Gordon Rhea

Political party affiliations

* ▌29 Republicans (28 states, 1 territory)
* ▌24 Democrats (22 states, 1 territory, 1 district)
* ▌1 New Progressive (1 territory)
* ▌2 Unknown (2 territories)
An asterisk (*) indicates that the officeholder is serving in an acting capacity.
State abbreviations link to position articles.

* v
* t
* e

Virginia statewide elected officials

* Governor
* Lieutenant Governor
* Attorney General

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