4 State Attorney General Structure and Control: Sept. 15, 2025 4 State Attorney General Structure and Control: Sept. 15, 2025

4.1 Introduction 4.1 Introduction

State attoprneys general have never fit easily into the existing framework of state government. All but two states (Alaska and Wyoming) have rejected the federal model in which the attorney general serves at the pleasure of the governor, and this “divided executive” approach results in numerous possible conflicts as the attorney general attempts to represent the “client,” which could be the state, the governor, the legislature, individual state employees or the "public interest" as defined by the attorney general. Courts are sometimes called upon to decide "who represents the state" in litigation. Finally, within an AG's office, different assistant attorneys general perform different tasks, which can lead them to define the "client" differently from other AAGs in the office.

4.2 Historical Differences in the Role of the Attorney General 4.2 Historical Differences in the Role of the Attorney General

4.3 Conflicting Roles of the Attorney General 4.3 Conflicting Roles of the Attorney General

4.4 Modern Litigation on the Role of the Attorney General 4.4 Modern Litigation on the Role of the Attorney General

4.7 Supplemental Reading 4.7 Supplemental Reading