12 Criminal Authority and State Attorneys General: Nov. 10, 2025 12 Criminal Authority and State Attorneys General: Nov. 10, 2025
12.1 Introduction 12.1 Introduction
The role each state's attorney general plays in the criminal justice system varies significantly from state to state. Several aspects of AG criminal authority are unique.
Although law school teaching on criminal law usually focuses on federal law, the reality is that over 90% of all criminal prosecutions take place in state court. Almost all attorneys general play a key role in the criminal justice system, with only three states (AK, DE, RI) giving exclusive criminal authority to the AG. Otherwise, the AG and local district attorneys share authority. DA’s handle the vast majority of cases, while AG's handle matters where there are legal conflicts or involve specific subject matter issues, such as Medicaid fraud, public corruption, or certain crimes.
Unique issues also arise because AG’s usually have both civil and criminal jurisdiction, and thus parallel proceedings are possible. Likewise, some AG’s have statewide grand jury authority to investigate and issue reports.
12.2 Attorney General Criminal Jurisdiction 12.2 Attorney General Criminal Jurisdiction
12.2.1. Chris Toth, et al., State Attorneys General Powers and Duties, NAAG, Ch. 17 (Criminal Law) (2018)
12.3 Relationship with District Attorneys 12.3 Relationship with District Attorneys
12.3.1. DA sends PA Clergy case to AG, Republican Herald (Jan. 29, 2013)
12.3.2. OH AG Mike DeWine, Adults Must Be Held Accountable in Steubenville, Cleveland.com (Dec. 12, 2019)
12.3.3. Flowers Case Shows How AGs Are Stepping Into The Spotlight, Law360 (Sept. 13, 2020)
12.3.4. Heather Cox Richardson, Role of the Ga. AG in the Arbery Prosecution, Letters from an American (Nov. 26, 2021)
12.3.5. Behind Keith Ellison's Tough-on-Crime Turn, The Intercept (Apr. 13, 2023)
12.3.6 DA Moriarty Criticizes MN AG Ellison for Taking Away Juvenile Case (Apr. 2023) 12.3.6 DA Moriarty Criticizes MN AG Ellison for Taking Away Juvenile Case (Apr. 2023)
12.4 Parallel Proceedings 12.4 Parallel Proceedings
Parallel procedings occur when civil and criminal violations have potentially occured on the same set of facts. Given their broad responsibility to enforce both criminal and civil laws, state attorneys general are sometimes called upon to engage in parallel proceeding investigations that in turn give rise to very specific eithical responsibilities.