More fundamentally, the new state AG may simply dislike the optics of the litigation, the nature of the claims being asserted, which industry or companies are targeted by the case, or the strength of the evidence supporting the complaint's allegations. N.J.S.A. President, you will not fill the Supreme Court vacancy. "How approaches in state attorney general actions differ from typical litigation," Reuters Legal News, Feb. 8, 2023; "State attorney general actions: Strategies for venue and settlement differ from typical litigation," Reuters Legal News, Feb. 16, 2023; "Five ways to effectively navigate litigation with state attorneys general," Reuters Legal News, April 12, 2023. "[126][127][180][181] Numerous Senate Republicans called on Garland to resign over the memo. On March 7, 2023, Judge Seybert sentenced Maxwell's co-defendant Anthony Cyntje, a New Jersey correction . 5. [3], Garland served as co-chair of the administrative law section of the District of Columbia Bar from 1991 to 1994. The state AG can change its outside counsel midstream. In addition, if a state AG's outside counsel does not ordinarily practice in that state, the outside counsel unlike the State AG's office has less to lose by pressing novel and aggressive legal theories that could require substantial resources from a defendant to debunk. Administer and direct the organization and activity of the workplaces, sheets, divisions, and authorities that contain the Department. As the state's chief law officer, ensures that the laws of the state are uniformly and adequately enforced. Circuit affirmed the district court's order holding reporters in contempt of court for refusing to testify about their anonymous sources during the Wen Ho Lee investigation. A. the state's chief law enforcement officer . At the federal level, prosecutors are known as U.S. attorneys. The distinction is quite important to the bar association; hence, the terms have to be used correctly. In addition, outside counsel for state AGs offices are sometimes national firms and thus parachute in from foreign jurisdictions. Postal Service (2005), Garland wrote for the court, holding that a U.S. https://www.britannica.com/topic/attorney-general, Texas Attorney General Ken Paxton will not testify at his impeachment trial, attorney says, Missouri attorney general seeks reversal of former detective's conviction in Black man's death, Attorney general denies whistleblower claims of interference in Hunter Biden investigation, Attorney General Garland keeps poker face as firestorm erupts after Trump charges, George Floyd's killing capped years of violence, discrimination by Minneapolis police, DOJ says. says", "DOJ: Former Trump officials can testify about Jan 6 Capitol attack", "DOJ won't protect GOP Rep. Mo Brooks in insurrection lawsuit", "House votes to hold Steve Bannon in contempt for defying subpoena", "Bannon contempt vote puts Attorney General Merrick Garland in center of legal and political storm", "Garland names Jack Smith special counsel for Trump criminal probes", "Garland Names Special Counsel for Trump Inquiries", "Justice Department Addresses Violent Threats Against School Officials and Teachers", "McConnell challenges Garland on DOJ effort to address threats against public school board members and teachers", "NSBA, AASA Issue Joint Statement Calling for End to Threats and Violence Around Safe School Opening Decisions", "National School Boards Association Asks for Federal Assistance to Stop Threats and Acts of Violence Against Public Education Leaders", "National School Boards Association Statement in Response to Justice Department Action to Address Threats Against School Personnel", "School board group backtracks on letter for security help from DOJ", "9 House Republicans vote with Democrats to hold Steve Bannon in contempt for defying Jan. 6 subpoena", "Garland faces relentless GOP pressure after issuing memo on school board threats", "Attorney General Merrick Garland defends memo responding to threats of violence against school board members", "GOP senators erupt at Garland in heated hearing. President Bill Clinton appointed Garland to the D.C. Court of Appeals in 1997, and he served as its chief judge from 2013 to 2020. He also acts as the legal adviser of the president and of the heads of other cabinet departments with respect to government business. How a state AG's outside counsel changes the nature of the litigation. Head of the California Department of Justice, Seal of the attorney general of California, chief justice of the United States Supreme Court, "Rob Bonta, Bay Area Democratic lawmaker, appointed California attorney general", "Rob Bonta, an Asian-American Progressive, Is Named Attorney General in California", California Constitution, Article V, Section 13, "History of Initiative and Referendum in California", "Stanley Mosk, State's Senior Justice, Dies", "Governor Newsom Swears in Rob Bonta as Attorney General of California", https://en.wikipedia.org/w/index.php?title=Attorney_General_of_California&oldid=1161974028, State law enforcement agencies of California, Articles with unsourced statements from July 2020, Creative Commons Attribution-ShareAlike License 4.0. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. "[128][129][130] This was consistent with Biden's pledge to push for legislation to end the federal death penalty. [82][83][84] President Obama responded that he intended to "fulfill my constitutional duty to appoint a judge to our highest court,"[85][86] and that there was no "well established tradition" that a president could not fill a Supreme Court vacancy during their last year in office. [151][152], In June 2021, the DOJ, through a memo issued by Deputy Attorney General Lisa Monaco, reversed a Trump-era policy that banned federal officers and agents from using body-worn cameras; the memo also mandated the use of body-worn cameras for federal law enforcement in certain circumstances (including when carrying out planned arrests or executing search warrants). Ashley Taylor is a partner at Troutman Pepper Hamilton Sanders LLP and co-chair of its state attorneys general team where he focuses on federal and state government regulatory and enforcement matters involving state attorneys general, and often involving the Consumer Financial Protection Bureau and the Federal Trade Commission. Circuit With Laissez-Faire Approach to Agency Action", "Analysis: Supreme Court nominee Merrick Garland has a record of restraint, not activism", "D.C. Attorney General The chief law enforcement officer of the United States or of a state government, typically serving in an Executive Branch position. Why and how state AG offices bring in outside counsel. [131] The Trump administration resumed federal executions in 2019, and executed 13 inmates in total, the first in 17 years and including the first woman in 70 years. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court. Moreover, litigation can be a lengthy endeavor, and in the midst of a case, the state AG officeholder can change due to expiration of a term limit, an incumbent losing a reelection bid, or a state AG being elected to higher office. Garland then attended Harvard Law School,[14] where he was a member of the Harvard Law Review. [42][67] Professor Rick Hasen, an election-law expert, writes that Garland's opinions on election law are characterized by careful application of precedent and indicate that Garland believes in reasonable regulation. WASHINGTON Attorney General Jeff Sessions on Monday made it all but impossible for asylum seekers to gain entry into the United States by citing fears of domestic abuse or gang violence, in a. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. He was confirmed by the Senate, and took office in March of that same year. It also provides that governmental bodies may withhold government records from the public in specific instances. Our editors will review what youve submitted and determine whether to revise the article. C. secretary of justice . The office of attorney general of the United States was created by the Judiciary Act of 1789 that divided the country into districts and set up courts in each one, along with attorneys with the responsibility for civil and criminal actions in their districts. That is in part because the outside counsel, if on a contingency fee arrangement, has little incentive to be cost-conscious. There is no guarantee that the outside counsel representing a state AG's office at the litigation's start will remain the state AG's counsel throughout. [44] Garland continued to serve as an active member of the court until his retirement. [157][162], On July 26, 2021, the DOJ sent letters to former DOJ officials of the Trump administration, including Acting Attorney General Jeffrey A. Rosen, Acting Deputy Attorney General Richard Donoghue, Associate Deputy Attorney General Patrick Hovakimian, U.S. Attorney for the Northern District of Georgia Byung J. [3] Tom Goldstein, the publisher of SCOTUSblog, wrote in 2010 that "Judge Garland's record demonstrates that he is essentially the model, neutral judge. [16] During his college summers Garland volunteered as a speechwriter to Congressman Abner J. The office is common in almost every country in which the legal system of England has taken root. Following law school, he clerked for Judge Henry J. [61] In Saleh v. Titan Corp. (2009), Garland dissented from the court's holding that former Iraqi detainees at Abu Ghraib prison could not sue private military contractors who participated in torture and prisoner abuse. Corrections? Save my name, email, and website in this browser for the next time I comment. [15] After his clerkships, Garland spent two years as a special assistant to U.S. Attorney General Benjamin Civiletti. [174][178][180], Garland and his wife, Lynn, were married at the Harvard Club in Manhattan in September 1987. But did you know that there's a difference between a lawyer and an attorney? The DOJ in a court filing determined that Brooks' relevant comments and actions were outside the scope of his official responsibilities as a member of Congress. For example, the Cook County State's Attorney in Chicago has more than 900 lawyers and a total staff of 1,600 employees [source: Cook County State's Attorney's Office]. Acts as the chief counsel in state litigation. [126][127], On July 1, 2021, Garland imposed a moratorium on all federal executions pending a review of relevant policies and procedures. The U.S. The United States Attorney General (A.G.) is the head of the United States Department of Justice per 28 U.S.C . ", "For Merrick Garland, a methodical life of ambition", "Merrick Garland Is a Deft Navigator of Washington's Legal Circles", "Supreme Court Nominee Maintains Close Harvard Ties", "Obama Supreme Court nominee Merrick Garland has strong ties to Harvard University", "How Merrick Garland Landed a Supreme Court Clerkship With Brennan", "The Potential Nomination of Merrick Garland", "Merrick Garland and D.C. politics: His role in voting rights and Marion Barry's imprisonment", "Merrick B. Garland: Selected Primary Material", "Obama Picks Merrick Garland to Fill Supreme Court Seat", "How Bombing Case Helped Shape Career of a Potential Justice", "Harvard Board of Overseers announces election results", "Board of Overseers elects senior officers", "Ratings of Article III Judicial Nominees (105th Congress) (19971998)", "104th Congress (19951996): January 4, 1995 January 3, 1996: Senate Committee Meetings by Date", "Judge Merrick Garland, In His Own Words", "Partisan Gridlock Blocks Senate Confirmations of Federal Judges", "President Nominates Twenty Two to the Federal Bench", "Obama picks Merrick Garland for Supreme Court", "Judge Merrick Garland's media law cases: A summary of First Amendment and Freedom of Information Act cases decided by U.S. Supreme Court nominee Merrick Garland", "More Public Access to Court: D.C. to Release Oral Argument Audio", "Merrick Garland passes gavel to Sri Srinivasan to lead influential appeals court", "Federal judiciary leaders approve new rules to protect court employees from workplace harassment", "Merrick Garland's Time as Chief Judge of the DC Circuit Is Ending. Even if the attorney advancing that position loses credibility in the eyes of the local judge, at the end of the day, the practitioner has little to lose given the lack of long-term ties to the forum. Senators on the nomination of Merrick Garland,", https://en.wikipedia.org/w/index.php?title=Merrick_Garland&oldid=1164408464, This page was last edited on 9 July 2023, at 04:04. 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 The Department may be contacted by phone at the following: Department Comment Line: 202-353-1555 Department of Justice Main Switchboard: 202-514-2000 TTY/ASCII/TDD: 800-877-8339 Department of Justice components may also be contacted directly. Attorney Analysis from Westlaw Today, a part of Thomson Reuters. election. As one example, the law firm that represented the New Mexico Attorney General in its December 2022 lawsuit against USAA had previously filed more than a dozen complaints against the company on the issue that concerned the State's claims. [15][29] He is also a member of the American Law Institute. Why are there different kinds of power of attorney? There are several criminal cases that attorneys are assigned to, and to make sure the cases are fought and justice is served. The state AG can change its outside counsel midstream. Cooper says they misrepresent the facts", "Obama Nominates Bethesda Resident Merrick Garland to Serve on U.S. Supreme Court", "AG Garland's daughter won't clerk at SCOTUS while dad's in office", "How Attorney General Merrick Garland Amassed A $20 Million Fortune", "Questionnaire for Judicial Nominees for Merrick Garland", United States Senate Committee on the Judiciary, Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court, Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland, "The Garland Affair: What History and the Constitution Really Say About President Obama's Powers to Appoint a Replacement for Justice Scalia", Nominations to the Supreme Court During Presidential Election Years (1900-Present), Supreme Court Vacancies That Occurred During Presidential Election Years (1789-2020)], "U.S. Attorneys general are elected for a four-year term in the year following a presidential election. [16][20] Garland graduated from Harvard in 1974 with an A.B., summa cum laude, and was elected to Phi Beta Kappa. For example, if the state AG is primarily focused on consumer restitution, developing a strategy to allow the state AG to take credit for obtaining restitution would be sensical. They write new content and verify and edit content received from contributors. This section will address three of them. Represent the United States in legitimate issues. [117][111][118] He was sworn in on March 11, 2021, by Assistant Attorney General for Administration Lee Lofthus. attorney-general. The attorney general is a member of the government but not of the cabinet. [40], Garland became chief judge of the D.C. Yesudian v. Howard University (1998), Garland wrote for the court in holding that a plaintiff alleging he had been fired by Howard University for whistleblowing could sue under the FCA for retaliation. Those fees are calculated using a lodestar method. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section 13). Nabeel Ahmad is the founder and editor-in-chief of Legal Inquirer. [citation needed]. The PIA generally requires a governmental body to release information in response . Kamala Harris Kamala Devi Harris [a] ( / kml devi / ( listen) KAH-m-l DAY-vee; [2] [3] born October 20, 1964) is an American politician and attorney who is the 49th and current vice president of the United States. [186] Garland took part in the ceremony when his daughter Rebecca married Xan Tanner in June 2018. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. [149][150] On December 3, the DOJ opened another investigation into the Mount Vernon Police Department to assess if it engaged in discriminatory policing, involving its use of force, strip and body cavity searches, how it handles evidence, and its systems of accountability. The title attorney-general of England was first used in 1461. "[23] In ACLU v. CIA (2013), Garland wrote for a panel unanimously rejecting the agency's Glomar response and ordering it to process the ACLU's FOIA request regarding targeted killings by CIA drones. "Pink Slips for the Tort Bar," Wall Street Journal, March 7, 2023. [42][43][40] As chief judge, Garland was an active member of the Judicial Conference of the United States,[44] and was involved in the formulation of new rules to protect federal judicial branch employees from workplace harassment, which were adopted in the wake of multiple sexual misconduct allegations against Judge Alex Kozinski. Marshals. Attorney General of California The attorney general of California is the state attorney general of the Government of California. The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. An attorney general is the legal counselor liable for most cases by or against a state or the US Government. Garland also expressed admiration for the writing style of Justice Oliver Wendell Holmes Jr.[34] However, Senate Republicans did not schedule a vote on Garland's confirmation,[3] not because of concerns over Garland's qualifications, but because of a dispute over whether to fill the seat. Both solicitors and barristers are trained in law. [41] As chief judge, Garland announced in May 2013 that the D.C. Circuit reversed the conviction of a Washington, D.C. police officer who had accepted bribes in an FBI sting operation. Her father, Robert Rosenman, was a partner in the New York law firm of Cravath, Swaine & Moore. [173][179] In House and Senate Judiciary Committee hearings, Garland pushed back on Republicans' claims that the DOJ were treating parents like "domestic terrorists" and investigating political speech, testifying that the DOJ "[were] not investigating peaceful protest or parent involvement at school board meetings. noun plural attorneys general or attorney generals : the chief law officer of a nation or state who represents the government in litigation and serves as its principal legal adviser Example Sentences D. the lieutenant governor . Circuit reviewed cases arising from the Guantanamo Bay detention camp. Although it can sometimes be difficult to discern the precise reason the particular outside firm was hired, the creative use of Freedom of Information Act requests can sometimes shed light on this question and not run afoul of a germaneness requirement that might otherwise preclude such questions in the ordinary course of discovery. Standards 2001. The attorney general, a member of the cabinet, is appointed by the president and is head of the Department of Justice. At the federal level, prosecutors are known as U.S. attorneys. [28] He represented the government at the preliminary hearings of the two main defendants, Timothy McVeigh and Terry Nichols. [143] Garland rescinded a Trump administration policy (imposed by Jeff Sessions) that curtailed DOJ investigations into police department misconduct ("pattern-and-practice" investigations) and restricted the use of consent decrees to reform police departments. [39] He received his judicial commission on March 20, 1997. [18][19] Garland wrote his 235-page honors thesis on industrial mergers in Britain in the 1960s. Because the risks of an adverse trial verdict are so concerning, it is typically advisable to litigate with a state AG strategically and in a way that creates leverage to procure at least tolerable, if not favorable, settlement terms before the case reaches trial. That decision is usually motivated by a number of factors, as is commonly shared and known to practitioners involved in such litigation, such as that (i) the state AG's office is understaffed or underfunded; (ii) a relationship exists between the state AG's office and the outside firm; or (iii) the firm approached the AG's office with an innovative legal claim that promotes the state AG's political and policy goals. [21] The American Bar Association (ABA) Standing Committee on the Federal Judiciary unanimously gave Garland a "well-qualified" committee rating, its highest. That setup eliminates the office's financial risk while protecting the upside associated with filing the litigation. "[23] Garland has a reputation for collegiality and his opinions rarely draw a dissent. Mikva. The unprecedented refusal of a Senate majority to consider a Supreme Court nomination was highly controversial. There are no term limits restricting the number of terms someone can serve as attorney general. The US attorney general gives guidance to the lead representative and the state legislature. [64] In Wagner v. Federal Election Commission (2015), Garland wrote for the unanimous en banc D.C. [88] Soon afterward, Senator Orrin Hatch, President pro tempore of the United States Senate and the most senior Republican Senator, predicted that President Obama would "name someone the liberal Democratic base wants" even though he "could easily name Merrick Garland, who is a fine man. Language links are at the top of the page across from the title. [28] Garland won praise for his work on the case from the Republican Governor of Oklahoma, Frank Keating. When that happens, in many states, the new state AG must decide whether to reappoint the current counsel. [183] The couple lives together in Bethesda, Maryland. On March 24, 2021, Governor Gavin Newsom announced that he would be appointing Rob Bonta as attorney general to succeed Xavier Becerra, who resigned from the position to become Secretary of Health and Human Services under President Joe Biden. [183], Financial disclosure forms in 2016 indicated that Garland's net worth at the time was between $6million and $23M. cabinet a body of advisers to the president, composed of the heads of the executive departments of the government civil service the permanent professional branches of a government's administration, excluding military and judicial branches and elected politicians. Nonetheless, when state AGs hire outside counsel, they will typically work with reputable plaintiffs firms, many of which have national practices. Viewed Trump's Actions", "Biden Justice Department Seeks to Defend Trump in Suit Over Rape Denial", "Takeaways from Merrick Garland's hearing with the House Judiciary Committee", "Garland: DOJ 'will apply the facts and the law' when considering Bannon referral", "Attorney General Merrick B. Garland Imposes a Moratorium on Federal Executions; Orders Review of Policies and Procedures", "Garland imposes moratorium on federal executions", "U.S. attorney general imposes moratorium on federal executions", "Suspect in Bike Path Killing Faces First Death Penalty Trial Under Biden", "Attorney General Merrick B. Garland Delivered a Policy Address Regarding Voting Rights", "AG Merrick Garland vows to protect voting rights, beef up DOJ civil rights division", "Justice Department suing Georgia over voting restrictions", "Justice Department Issues Guidance on Federal Statutes Regarding Voting Methods and Post-Election "Audits", "Justice Department puts states on notice about post-election audits and election law changes", "Justice Department Files Lawsuit Against the State of Texas to Protect Voting Rights", "Justice Department sues Texas over new voting restrictions", "Justice Department Files Lawsuit Against the State of Texas to Challenge Statewide Redistricting Plans", "Attorney General Merrick B. Garland Delivers Remarks Announcing Lawsuit Against the State of Texas to Challenge Statewide Redistricting Plan", "In lawsuit, DOJ says Texas voting maps discriminate against Black and Latino voters", "DOJ sues Texas over Republican-approved redistricting maps", "Garland rescinds Trump-era memo curtailing consent decrees", "Justice Dept.

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