15 Criminal Authority and State Attorneys General 15 Criminal Authority and State Attorneys General
15.1 Introduction 15.1 Introduction
15.1.1 General Introduction 15.1.1 General 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.
15.1.2 Detailed Roadmap to Core Readings 15.1.2 Detailed Roadmap to Core Readings
15.2 Attorney General Criminal Jurisdiction 15.2 Attorney General Criminal Jurisdiction
15.2.1. Chris Toth, et al., State Attorneys General Powers and Duties, NAAG, Ch. 17 (Criminal Law) (2018)
15.3 Relationship with District Attorneys 15.3 Relationship with District Attorneys
15.3.1. DA sends PA Clergy case to AG, Republican Herald (Jan. 29, 2013)
15.3.2. PA AG takes over criminal case in Penn State hazing death, pennlive.com (Jan. 8, 2018)
15.3.3. Shooting investigation involving district judge turned over to PA AG, WGAL (May 14, 2019)
15.3.4. OH AG Mike DeWine, Adults Must Be Held Accountable in Steubenville, Cleveland.com (Dec. 12, 2019)
15.3.5. Flowers Case Shows How AGs Are Stepping Into The Spotlight, Law360 (Sept. 13, 2020)
15.3.6. Heather Cox Richardson, Role of the GA AG in the Arbery Prosecution, Letters from an American (Nov. 26, 2021)
15.3.7. Behind Keith Ellison's Tough-on-Crime Turn, The Intercept (Apr. 13, 2023)
15.3.8 DA Moriarty Criticizes MN AG Ellison for Taking Away Juvenile Case (Apr. 2023) 15.3.8 DA Moriarty Criticizes MN AG Ellison for Taking Away Juvenile Case (Apr. 2023)
15.4 Parallel Proceedings 15.4 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.
15.4.1. Commonwealth v. Powers Fasteners, Inc., 2007 WL 5022411 (Mass. Super. Ct. Dec. 12, 2007)
15.4.2. New Mexico Attorney General’s Parallel Proceedings Policy (Mar. 9, 2011)
15.5 Public Corruption 15.5 Public Corruption
15.5.1. Articles about NM Secretary of State accused of fraud, money laundering (2015)
15.5.2. Articles on PA AG Kane Convicted, Sentenced, Released from Jail (2016 – 2019)
15.5.3 Former PA AG Kane Reports to Jail (Nov. 29, 2018) 15.5.3 Former PA AG Kane Reports to Jail (Nov. 29, 2018)
15.5.4. Indictment of Nevada Lt. Governor by NV AG dismissed, Las Vegas Sun (Dec. 7, 2009)
15.5.5 Political Ad on NV AG Indicting Lt. Gov. (Oct. 25, 2016) 15.5.5 Political Ad on NV AG Indicting Lt. Gov. (Oct. 25, 2016)
15.6 Grand Jury Reports 15.6 Grand Jury Reports
15.6.1. Articles about Pa AG Grand Jury Report on Clergy Abuse (2018 – 2019)
15.7 Supplemental Reading 15.7 Supplemental Reading
15.7.1. Various DA Referrals to AG (2011 - 2019)
These are included as examples of the kind of cases that are referred to AG offices by District Attorneys.