As long as politicians hold ultimate authority for specific prosecutions, there remains the danger that their decisions might be biased in favor of their political agenda or electoral prospects. This has resulted in calls for reform.
In most states, attorney general elections take place every four years on a nonpartisan basis. However, Alaska, Hawaii, New Jersey and Vermont use governorial appointments instead for this position.
President of the United States
The president appoints the attorney general as leader of the Department of Justice. Congress established this role with the Judiciary Act of 1789, along with organizing Supreme Court and lower federal courts. Originally, an attorney general would prosecute federal cases and advise on legal questions for both him/herself as well as heads of other departments.
Eric Holder was appointed Attorney General by President Barack Obama in 2009. Holder has taken action against predatory landlords who harass tenants, polluters who violate environmental protection laws, and corporations which avoid paying taxes; in addition to advocating for immigrants, veterans, and elderly.
Some states allow their attorneys generals to be elected directly by voters; however, most attorneys generals serve at the pleasure of the president – this can make it more likely they pursue political agendas rather than uphold rule of law and could create potential conflicts of interests; for example if an AG belongs to one of the president’s political parties they could be more inclined to defend his policies than defend lawful ones.
Governor of a State
Governors are accountable for overseeing various agencies, offices and bureaus within their executive branch – such as the Attorney General-led Department of Law. Although constitutions and statutes differ between states, all governors possess broad executive authority that must ensure laws are implemented faithfully within their state’s borders.
The Attorney General issues orders and proclamations to implement laws passed by the legislature; approves or vetoes actions proposed by members; directs a State budget for review by lawmakers; convenes special sessions of either house when needed; grants reprieves, commutations or pardons when applicable.
Maine state legislature selects their Attorney General. Aaron Frey (D), a private practitioner and former member of Maine House of Representatives is serving his third two-year term; upon leaving office in 2022, an incoming legislature will select their replacement Attorney General from among members elected during November elections.
Chief Justice of the United States
The Chief Justice of the United States serves as the highest-ranking member of the Supreme Court and is appointed by President, with Senate advice and consent, with each justice serving until death, resignation, retirement or impeachment/conviction.
One of the Chief Justice’s duties is to administer the presidential oath of office; however, this practice is only customary and not mandated by law. Any federal or state judge, notary public or notary can administer it instead.
Some of America’s most renowned attorneys general have also held other government posts before becoming chief justice, such as John Jay acting as diplomat to negotiate the Jay Treaty and Robert H. Jackson prosecuting Nazi war criminals at Nuremberg trials. Janet Reno held this position during President Bill Clinton’s entire presidential term while leading investigations of both Waco Siege and Unabomber Case investigations.
Speaker of the House of Representatives
The Speaker of the House of Representatives is one of Washington’s most powerful jobs, holding several key constitutional responsibilities including serving as majority leader of the House, managing institutional business on its floor, and representing their colleagues during negotiations between president and Senate.
Hardline Republicans prevented Johnson, known for rallying behind Trump’s legal attempt to overturn the 2020 election results and advocating steeper budget cuts than what some Republicans find acceptable, from becoming their replacement.
As well as serving in his leadership capacity, the speaker also fulfills numerous administrative and ceremonial responsibilities. These include hiring staff to manage all aspects of House business; wearing purple robes on the floor while speaking; waiving certain rules in order to accelerate proceedings; recruiting large staffs for managing these duties. He must recruit large staffs. In addition, this office comes with its own set of unique privileges like wearing purple robes during floor speeches – to name but two of many!
