Attorney General of Oklahoma
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| Office of the Attorney General of Oklahoma | |
 Great Seal of Oklahoma |
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| Agency overview | |
|---|---|
| Formed | November 17, 1907 |
| Preceding agency | Territorial Attorney General |
| Headquarters | 313 NE 21 Street Oklahoma City, Oklahoma |
| Employees | 174 unclassified |
| Annual budget | $29 million |
| Agency executive | Drew Edmondson, Attorney General |
| Website | |
| www.oag.ok.gov | |
The Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for advising the various agencies and departments of the executive branch, legislative branch and judicial branch of the state government. The office is also responsible for the prosecution of offenses to Oklahoma State Statutes and advocate the basic rights of Oklahoman residents.
The 16th and current Attorney General of Oklahoma is Drew Edmondson. Edmondson is currently serving a record-breaking fourth consecutive term in office, having been elected in 1994, and subsequently reelected in 1998, 2002, and 2006.
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[edit] Constitutional Requirements
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As with all offices established by the Oklahoma Constitution in Article V, any person running for the office of Attorney General of Oklahoma must be citizen of the State of Oklahoma, at least thirty-one years of age and a resident of the United States for ten years.
[edit] Election
Elections for the Attorney General are held on a four year concurrent basis with the election of the Governor. After all votes are collected, the Legislature of Oklahoma shall convene in the hall of the House of Representatives and the Speaker of the House of Representatives announce the results of the elections in the presence of a majority of each branch of the Legislature. The persons having the highest number of votes for the office of the Attorney General shall be declared duly elected. However, in case two or more shall have an equal and the highest number of votes for the office of Attorney General, the Legislature shall, by joint ballot, choose one of the said persons having an equal and the highest number of votes for the office of Attorney General.
[edit] Term(s) of Office
The Attorney General’s four year term begins on the first Monday in January following the general election. The Constitution of Oklahoma places no limit to the number of terms a candidate may serve in succession or in total. Drew Edmondson, the current Attorney General, is serving his fourth consecutive term, having won reelection in 2006.
[edit] Powers and Responsibilities
The Attorney General is the chief legal officer of Oklahoma. As such, the primary responsibility of the Attorney General is appearing before the Oklahoma Supreme Court or the Oklahoma Court of Criminal Appeals and prosecute or defend all actions and proceedings, civil or criminal, in which the state is a party. This duty extends to representing the state in any United States federal court as well. The Attorney General may also prosecute or defend the state or the people of the state when their interests are before any state commission, board or office. It is also the duty of the Attorney General to institute civil actions against members of any state board, commission, or office for failure to perform their legal duties as well as to prosecute members of any state board, commission, or office for violation of the criminal laws when such violations have occurred in connection with the performance of their official duties.
All prosecutorial and defense functions of the Attorney General may be exercised at the discretion of the Attorney General or at the request of the Governor of Oklahoma, the Oklahoma Legislature or either chamber thereof.
Another primary role of the Attorney General is to provide a legal opinion upon all questions of law submitted to the Attorney General. Such questions may be submitted by the Legislature (or either branch thereof) or by any state officer, board, commission or department. However, the Attorney General may only provide a legal opinion on matter related to the official duties of the officers that submitted the question and may not act a private attorney. However, members of the Oklahoma House of Representatives and Oklahoma Senate may ask the Attorney General for a legal opinion upon any subject. Private citizens may not ask for legal opinions of the Attorney General.
A chief concern of the Attorney General is monitoring the proper application of state funds appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds. At the request of the Governor, Oklahoma State Auditor and Inspector, Oklahoma State Treasurer, or either branch of the Legislature, the Attorney General may prosecute for any violation of any contract in which the state is interested. When requested to do so by any state officer, board or commission, the office must also prepare proper drafts for contracts, forms and other writing which may be wanted for the use of the state. If funds are illegally expended, upon the request of the Governor or the Legislature, it is the Attorney General who is responsible for instituting actions to recover such funds. This duty also extends to recovering state property and to preventing the illegal use of any state property. After collecting money owed to the state, the Attorney General must deposit all funds into the State Treasury immediately.
The Attorney General is responsible for keeping and filing copies of all opinions, contracts, forms and letters of the office and to must keep an index of all opinions, contracts and forms according to subject and section of the law construed or applied. This includes recording all actions, demands and investigations and cases prosecuted, defended or conducted by the Attorney General on behalf of the state. Such records must give the style of the case or investigation, where pending, court number, office number, the gist of the matter, result and the names of the assistants who handled the matter.
While in Oklahoma the Attorney General doesn’t have control over the District Attorneys, he does have work with them on certain matters. He is responsible for consult with and advising District Attorneys, when requested by them, in all matters pertaining to the duties of their offices. The Attorney General has the authority to require the aid and assistance of District Attorneys in their respective district on matters relating to the official duties of the Attorney General. Also, the Attorney General can require the assistance of such District Attorneys on any case brought to the Supreme Court or Criminal Court of Appeals from their respective districts. Conversely, any District Attorney desiring the assistance of the Attorney General in any matter may request the Governor for such assistance, and, upon receiving the direction of the Governor to render such assistance, the Attorney General must provide such assistance immediately as long as such assistance is compatible with the performance of his own duties to render the assistance.
The Attorney General has to power to convene multi-county grand juries.
At any time, the Legislature, or either chamber thereof, may require the Attorney General to submit a report on any business relating to the duties of the Attorney General's office.
[edit] Office Divisions
The office of the Attorney General is divided into several divisions:
[edit] Consumer Protection Unit
Provides mediation services to consumers to help resolve complaints against businesses. The Division can also provide information about complaints that have been filed against businesses, and provide publications to help you make good decisions in the marketplace. The Division also brings law enforcement actions against businesses that harm large numbers of Oklahoma consumers through unfair and deceptive practices.
[edit] Criminal Appeals Unit
As in civil matter, the Attorney General represents the state in the criminal appeals process to ensure that the decisions rendered by judges and juries are upheld in the appellate courts. The unit works to uphold the convictions of the guilty and ensures that the punishment imposed by judges and juries are carried out. Unit attorneys provide quality responses that aid the court in ruling on issues of law and in the development of new legal precedents.
[edit] Environmental Protection Unit
Division active in every area of environmental and natural resources law. Unit personnel protect the state's air, land, water and natural resources from pollution by investigating allegations of pollution and aggressively seeking remedies in both criminal and civil courts.
The unit also provides legal advice and representation to state environmental agencies and chairs the Environmental Crimes Task Force, a collection of state, federal and local agencies united for the purpose of coordinating investigations and assuring efficient use of resources.
[edit] General Counsel Unit
A major function of the Attorney General is to assists public officials in the performance of their duties, seeking to provide the best legal advice possible for the good of the State and its citizens. Most Attorney General Opinions are written by members of the General Counsel Unit. These opinions are binding on state agencies unless overturned by a ruling from a court of competent jurisdiction.
General Counsel Attorneys review Interlocal Agreements and examine and pass on any security issued by a county, municipality, township or other political subdivision. General Counsel Attorneys assist their clients in interpreting and following the Open Records Act and the Open Meeting Act and may assist in investigating and presenting a case against a particular professional licensee, or act as a hearing advisor to the licensure board during discipline proceedings.
In addition to several specialized duties, the General Counsel Unit provides day-to-day legal advice for state agencies, boards and commissions. For many entities, the assistant attorney general is the sole provider of legal advice and services. For others, the assistant attorney general is a liaison available in addition to the agency's in-house counsel.
The Attorney General is unable to give advice to private citizens. Opinions may be provided to the Legislature (or the House or Senate thereof), any state officer (such as the Governor or Secretary of State), board, commission or department.
[edit] Litigation Unit
The civil trial division for the Office of the Attorney General and main function of the office. This section defends and prosecutes civil matters for the state and its agencies, officers and employees. Litigation on behalf of the state is supported in every county, the Oklahoma Supreme Court, every federal district court in the state, the 10th Circuit Court of Appeals, the U. S. Supreme Court and in other states and foreign jurisdictions.
The Office of the Attorney General defends state employees when sued for civil rights actions taken during their official duties. A majority of the more complicated and costly trials come from allegations surrounding the hiring, firing and promotion of state employees. The Litigation Section also has the responsibility to handle and direct the major class action litigation filed against institutions, including the challenges to the juvenile justice system. The unit represents state judicial officers, District Attorneys, Legislators, and the executive branch of state government when sued in both their official and individual capacities. The Litigation Section is also responsible for tracking the hiring of private attorneys by other state agencies and reporting the costs to state agencies for services provided by private attorneys.
[edit] Multicounty Grand Jury Unit
The Multicounty Grand Jury Unit investigates and prosecutes cases ranging from homicide to narcotics violations. The unit also administers all aspects of the Multicounty Grand Jury.
[edit] Workers' Compensation and Insurance Fraud Unit
Section charged with controlling fraud in worker’s compensation by: holding claimants accountable for providing truthful information; holding doctors accountable for accurately and completely documenting evidence supporting diagnoses; holding attorneys accountable as officers of the Court to expedite valid claims and prevent and report fraudulent clams or activities; holding insurance companies accountable for reporting suspected fraud, for paying claims without investigation, and for paying fraudulent claims; and holding the Workers' Compensation Court accountable for ensuring the legality and fairness of the disposition of claims.
This mission shall be accomplished by identification and aggressive investigation and prosecution of violations of criminal statutes; by continuous interaction with the public, employers, insurance professionals and other law enforcement officers by providing education and training about workers' compensation fraud; and by analyzing the workers' compensation system in order to make recommendations for amendments and new legislation.
[edit] Public Utilities Unit
Unit represents and protects the interests of the state’s utility customers in rate-related proceedings. The unit also participates in utility-related task forces.
[edit] Victim Services Unit
Sectionthat keeps family members informed of the status of capital cases.
[edit] Oath of Office
"I, ........., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as Attorney General of the State of Oklahoma to the best of my ability."
[edit] Office-Holders
| Name | Party | Term |
|---|---|---|
| Charles West | Democrat | 1907-1915 |
| S.P. Freeling | Democrat | 1915-1923 |
| George Short | Democrat | 1923-1927 |
| Ed Dabney | Democrat | 1927-1931 |
| J. Berry King | Democrat | 1931-1935 |
| Mac Q. Williamson | Democrat | 1935-1943 |
| Randell S. Cobb | Democrat | 1943-1946 |
| Mac Q. Williamson | Democrat | 1946-1963 |
| Charles Nesbitt | Democrat | 1963-1967 |
| G. T. Blankenship | Republican | 1967-1971 |
| Larry Derryberry | Democrat | 1971-1979 |
| Jan Eric Cartwright | Democrat | 1979-1983 |
| Mike Turpen | Democrat | 1983-1987 |
| Robert Harlan Henry | Democrat | 1987-1991 |
| Susan B. Loving | Democrat | 1991-1995 |
| Drew Edmondson | Democrat | 1995-current |
[edit] See also
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