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

The first reading is the NAAG chapter on AG criminal authority. It varies considerably from state to state. Next, the readings examine the AG relationship with DAs, who in almost every state prosecute the bulk of crimes (and state criminal prosecutions dwarf federal prosecutions). In looking at the compendium of the AG-DA referrals, ask yourself if the referral made sense, and then the readings dive into recent high-profile examples from MS, GA, and MN.
A major issue that comes up in AG offices, but not too many other places, is the role of parallel proceedings. When and how can an AG proceed with both the civil and criminal aspects of a case is a tricky issue. The NM policy attempts to come up with rules to address this issue.
AGs are often at the forefront of more political prosecutions, or, occasionally, are the subject of such prosecutions. The readings present examples from NM, PA, and NV. 
A few AGs also have investigative grand jury powers, which enable them to conduct investigations and issue reports, as opposed to indictments. We'll look at the implications of such power.

15.2 Attorney General Criminal Jurisdiction 15.2 Attorney General Criminal Jurisdiction

 

 

15.3 Relationship with District Attorneys 15.3 Relationship with District Attorneys

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.  

15.5 Public Corruption 15.5 Public Corruption

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)

15.5.5 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

15.7 Supplemental Reading 15.7 Supplemental Reading

15.7.5 Idaho AG Wasden explains why deputies who shot rancher won't be charged (Apr. 15, 2018) 15.7.5 Idaho AG Wasden explains why deputies who shot rancher won't be charged (Apr. 15, 2018)