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New York Attorney General

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New York Attorney General
PostAttorney General
BodyNew York
InsigniacaptionOfficial seal
IncumbentLetitia James
IncumbentsinceJanuary 1, 2019
DepartmentNew York State Department of Law
StyleMadam Attorney General
TermlengthFour years, no term limits
Formation1777
FirstEgbert Benson
Salary$210,000 (2023)

New York Attorney General. The New York Attorney General is the chief legal officer of the U.S. state of New York and head of the New York State Department of Law. The office is one of the most prominent and influential state legal positions in the United States, often involved in high-profile litigation concerning corporate fraud, civil rights, environmental protection, and consumer protection. The Attorney General is elected to a four-year term, with no term limits, and operates from offices in New York City, Albany, Buffalo, and Rochester.

History

The office was established by the New York Constitution of 1777, with Egbert Benson serving as the first Attorney General under Governor George Clinton. Throughout the 19th century, the office's authority was shaped by statutes and court decisions, including the landmark 1892 case People v. Miner which affirmed its broad common law powers. The modern organizational structure was solidified with the creation of the New York State Department of Law in 1909. Historically, many attorneys general have used the office as a springboard to higher positions, such as Governor of New York, United States Senator, or United States Supreme Court justice, including figures like John Jay, Nathan L. Miller, and Robert F. Kennedy.

Powers and duties

The Attorney General's powers are derived from the New York State Constitution, the Executive Law, and other statutes. Core duties include representing the State of New York and its agencies in all litigation, issuing formal legal opinions to state officers and legislators, and overseeing charitable organizations. The office possesses broad investigative authority under the Martin Act for securities fraud and the Executive Law § 63(12) for persistent fraud. It also enforces state laws in areas like antitrust, environmental law (through the Environmental Protection Bureau), civil rights, and consumer fraud, often in coordination with federal agencies like the U.S. Securities and Exchange Commission and the Federal Trade Commission.

List of attorneys general

Since Egbert Benson, over sixty individuals have held the office. Notable 20th-century attorneys general include Louis Lefkowitz, the longest-serving, and Eliot Spitzer, who gained national prominence for investigations on Wall Street. In the 21st century, Andrew Cuomo served before becoming Governor of New York, and his successor, Eric Schneiderman, resigned in 2018. The current Attorney General, Letitia James, elected in 2018 and re-elected in 2022, is the first woman and first African American to hold the position. A complete chronological list is maintained by the New York State Department of Law.

Election and succession

The Attorney General is elected statewide in the general election held every four years, coinciding with the election for Governor of New York. Candidates are nominated through party primaries, typically involving the Democratic, Republican, and other minor parties. If the office becomes vacant due to death, resignation, or removal, the State Legislature may appoint a successor; if the legislature is not in session, the governor may appoint one, subject to later legislative confirmation, as occurred with the appointment of Barbara Underwood following Eric Schneiderman's resignation.

Notable cases and investigations

The office has been involved in many landmark cases. Under Robert Abrams, it led the litigation against the tobacco industry that resulted in the 1998 Tobacco Master Settlement Agreement. Eliot Spitzer's investigations into investment banking conflicts of interest led to the Global Analyst Research Settlement and reforms on Wall Street. More recently, the office secured a dissolution order against the National Rifle Association under the New York Not-for-Profit Corporation Law and pursued major civil litigation against entities like the Trump Organization, ExxonMobil, and Purdue Pharma for fraud, environmental violations, and their role in the opioid epidemic.

Organization

The Department of Law is organized into several major divisions and bureaus. Key litigating sections include the Criminal Justice Bureau, the Economic Justice Bureau, and the Social Justice Division. Specialized units handle matters like the Investor Protection Bureau, the Internet Bureau, and the Medicaid Fraud Control Unit. The office employs hundreds of Assistant Attorneys General and support staff across its main offices in the New York State Capitol complex in Albany, the Manhattan office at 28 Liberty Street, and regional offices in Buffalo, Rochester, Syracuse, Binghamton, Harlem, Long Island, Westchester, and Plattsburgh.

Category:New York (state) attorneys general Category:State law enforcement agencies of New York (state) Category:Government of New York (state)