June 25, 2010 |
2010-R-0253 | |
STATES' QUALIFICATIONS FOR ATTORNEY GENERAL | ||
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By: Kristin Sullivan, Principal Analyst | ||
You asked for other states' qualifications for attorney general and whether they are constitutional or statutory.
SUMMARY
State qualifications for attorney general, and whether they are constitutional or statutory, vary. The most common qualifications address minimum age, citizenship, residency, electoral status, and bar admission. Others prohibit the attorney general from holding multiple offices.
Some states expressly prescribe these qualifications through their constitution or statute. Others are less specific and imply qualifications. For example, states often require the attorney general to be an elector. In the absence of a provision prescribing minimum age, we know that he or she must be at least age 18 since no state currently allows younger individuals to qualify for electoral status.
According to the National Association of Attorneys General (NAAG), state constitutions establish the Office of the Attorney General in 44 states and the selection method and term length in 42 states. Constitutions in 23 states set specific qualifications for office, the most common being minimum age and residency requirements. Twenty-seven states set specific statutory or constitutional bar membership requirements. Of those that do, 11 set a minimum time that an individual must be admitted, ranging from five to 10 years.
QUALIFICATIONS
Table 1 provides a cross section of states' qualifications for attorney general concerning age, citizenship, residency, electoral status, and bar membership and indicates if they are constitutional or statutory. It represents a compilation of information from State Attorneys General Powers and Responsibilities, issued by NAAG, and The 2009 Book of the States, issued by the Council of State Governments (CSG).
Table 1: State Qualifications for Attorney General in Selected States
State (citation) |
Minimum Age |
U.S. Citizenship(years, if applicable) |
State Resident (years, if applicable) |
Qualified voter (years, if applicable) |
Bar Admission Requirement |
Alabama (Ala. Const. Art. V, § 132) |
25 |
Yes (7) |
Yes (5) |
Yes |
** |
Arizona (Ariz. Const. Art. 5, §§ 1 and 2 and Ariz. Rev. Stat. § 41-191) |
25 |
Yes (10) |
Yes (5) |
Yes |
Must be a practicing attorney before the state Supreme Court for at least five years immediately preceding the date of taking office |
California (Cal. Const. Art. V, §§ 11 and 13, Cal. Elec. Code § 201, and Cal. Gov't Code §12503) |
18 |
Yes |
Yes |
Yes |
Must be admitted to practice before the state Supreme Court for at least five years immediately preceding election or appointment to the office |
Colorado (Colo. Const. Art. IV, §§ 1 and 4) |
25 |
Yes |
Yes (2) |
Yes |
Must be a licensed attorney of the state Supreme Court in good standing |
Georgia (Ga. Const. Art. V, § 3) |
25 |
Yes (10) |
Yes (4) |
Yes |
Must be an active-status member of the Georgia State Bar for seven years |
Illinois
(Ill. Const. Art. V, § 3 and 15 Ill. Comp. Stat. 205/4) |
25 |
Yes |
Yes (3) |
Yes |
Must be a member of the state bar |
Kentucky (Ky. Const. Part I §§ 91 and 92) |
30 |
Yes |
Yes (2) |
** |
Must be a practicing lawyer for at least eight years before election |
Maine (Me. Const. Art. IX, § 11 and Me. Rev. Stat. Ann. tit. 5, § 191-B) |
** |
** |
** |
** |
Must be a member in good standing of the state bar (i.e., admitted to the practice of law in Maine, registered with the Board of Overseers of the Bar as an active practitioner, and not disbarred or suspended from practice) |
Maryland (Md. Const. Art. V, § 4, Md. Code Ann., State Gov't § 6-101 et seq.) |
18 |
Yes |
Yes |
Yes |
Must have resided and practiced law in the state for at least 10 years |
Massachusetts (Mass. Gen. Laws ch. 12, § 1) |
18 |
** |
Yes (5) |
Yes |
Must be a member of the state bar |
Montana (Mont. Const., Art. VI, § 3) |
25 |
Yes |
Yes (2) |
** |
Must be an attorney in good standing to practice law in the state and engaged in active practice for at least five years before election |
New Hampshire (N.H. Const. Art. II, § 46 and N.H. Rev. Stat. Ann. §§ 7.1 and 21-M:3) |
** |
Yes |
Yes |
** |
Must have been admitted to the practice of law in the state and shall be qualified by reason of education and experience |
New Jersey (N.J. Const. Art. V, § IV) |
18 |
** |
Yes |
** |
** |
New York (N.Y. Const. Art. IV, § 2 and Art. V, § 1) |
30 |
Yes |
Yes (5) |
** |
** |
Oklahoma (Okla. Const. Art. III, § 1 and art. VI, §§ 1 and 3) |
31 |
Yes |
Yes |
Yes (10) |
** |
Rhode Island (R.I. Const. Art. III, §1 and Art. IX, §§ 1 and 12, R.I. Gen. Laws § 42-9-1 et seq.) |
18 |
** |
** |
Yes |
** |
Utah (Utah Const. Art. VII, §§ 1 and 3) |
25 |
Yes |
Yes (5) |
Yes |
At the time of election, must be admitted to practice before the state Supreme Court and in good standing at the bar |
Vermont (Vt. Stat. Ann. tit. 3, §151 et seq.) |
18 |
Yes |
Yes |
Implied |
** |
Virginia (Va. Const. Art., V, § 15, Art. VI, § 7, Va. Code Ann. §§ 2.2-500, 24.2-210, and 24.2-500) |
30 |
Yes |
Yes (1) |
Yes |
Must have been admitted to the state bar at least five years prior to election (same as judge of court) |
Wisconsin (Wis. Const. Art. V, §2, Art. VI, §§ 1 and 3) |
** |
Yes |
Yes |
** |
** |
** Indicates no formal provision
Sources: State Attorneys General Powers and Responsibilities, NAAG
The 2009 Book of the States, CSG
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