Maine Attorney General

Maine Attorney General
Post	Attorney General of Maine
Incumbent	Aaron Frey
Incumbentsince	2019
Department	Maine Department of the Attorney General
Style	The Honorable
Reports to	Maine Governor
Seat	Augusta, Maine
Appointer	Maine Legislature
Termlength	Two years
Formation	1820
First	William Pitt Fessenden

Maine Attorney General is the chief legal officer of the State of Maine, charged with representing the State in civil and criminal matters before state and federal tribunals. The office provides legal advice to the Maine Legislature, the Governor of Maine, and state agencies such as the Maine Department of Health and Human Services and the Maine Department of Transportation. The Attorney General prosecutes select criminal matters, litigates on behalf of the State in cases involving the United States Supreme Court, the First Circuit Court of Appeals, and Maine trial courts, and enforces statutes including the Maine Human Rights Act, Maine Freedom of Access Act, and state consumer protection laws.

Role and Responsibilities

The Attorney General represents the people of Maine in civil actions and advises public officials, including the Governor of Maine, members of the Maine Legislature, county attorneys such as the Cumberland County District Attorney, and municipal officials. Duties include issuing formal opinions interpreting statutes like the Maine Revised Statutes, defending state agencies such as the Maine Department of Inland Fisheries and Wildlife in litigation, and participating in multi-state actions alongside attorneys general from states like Massachusetts, New Hampshire, Vermont, and New York. The office coordinates with federal entities including the United States Department of Justice, the Federal Bureau of Investigation, and the United States Attorney for the District of Maine on matters involving the United States Constitution and federal statutes.

Selection and Term

Under Maine law, the Attorney General is elected by a joint session of the Maine Legislature for a two-year term, with elections held biennially in odd-numbered years. This contrasts with states that conduct statewide popular elections such as California and Texas or gubernatorial appointments like New Jersey historically. Eligibility and succession procedures are governed by provisions of the Maine Constitution and legislative rules adopted by the Maine Senate and the Maine House of Representatives. Vacancies have been filled by legislative election or interim appointment consistent with precedents involving offices such as the Maine Secretary of State.

History

The office was established after Maine's admission to the Union in 1820, contemporaneous with figures such as inaugural officeholder William Pitt Fessenden, who later served in the United States Senate and as Secretary of the Treasury under Abraham Lincoln. Throughout the 19th and 20th centuries, Attorneys General engaged with issues linked to institutions like the International Paper Company and disputes over resources in regions such as Aroostook County. The office gained prominence in civil rights eras with cases implicating the Maine Human Rights Commission and environmental controversies involving entities such as Georgia-Pacific and disputes before the Maine Supreme Judicial Court. In modern times, Attorneys General have led multistate coalitions addressing matters involving Tobacco Master Settlement Agreement litigation, opioid litigation alongside states such as Ohio and Oklahoma, and consumer protection actions against corporations like Volkswagen and Wells Fargo.

Office Structure and Divisions

The Maine Department of the Attorney General is organized into divisions including the Criminal Division, Civil Division, Consumer Protection Division, Administrative/Regulatory Law, and Child Protection/Family Services. Divisions coordinate with specialized units and external agencies such as the Maine Commission on Governmental Ethics and Election Practices, the Maine Drug Enforcement Agency, and county law enforcement offices including the Kennebec County Sheriff's Office. Staffing includes Assistant Attorneys General, investigators, paralegals, and administrative personnel who appear in forums such as the Maine District Court, the Maine Superior Court, and federal courts. The office maintains regional presence and collaborates with nonprofit organizations like the AARP and the American Civil Liberties Union on litigation and policy matters.

Powers and Legal Authority

Statutory authority derives from the Maine Revised Statutes Annotated and constitutional principles adjudicated by the Maine Supreme Judicial Court and federal courts. The Attorney General has authority to bring civil enforcement actions under statutes such as the Unfair Trade Practices Act and to intervene in public interest litigation involving agencies like the Maine Public Utilities Commission and the Maine Department of Environmental Protection. The office issues formal opinions that influence interpretation of laws affecting entities such as the Maine Turnpike Authority, and represents the State in appellate matters before the United States Supreme Court and the First Circuit Court of Appeals. Cooperation with other state attorneys general in multistate litigation is a frequent exercise of enforcement power, as seen in actions coordinated with colleagues from New York Attorney General offices and national associations like the National Association of Attorneys General.

Notable Attorneys General and Significant Cases

Notable officeholders include William Pitt Fessenden, who advanced to the United States Senate; Frances Perkins-era contemporaries (note: Perkins served federally); James Tierney who later influenced national legal debates; and recent Attorneys General who led multistate actions against corporations such as Monsanto and Johnson & Johnson. Significant cases include state litigation addressing asbestos and environmental contamination matters involving corporations like Anco and Champion International, consumer fraud settlements with Equifax-related matters, and participation in multistate opioid litigation that produced settlements alongside states such as Pennsylvania and Florida. The office has also defended Maine statutes in challenges implicating the First Amendment and litigated issues concerning indigenous rights raised by tribes such as the Passamaquoddy and Penobscot Nation in regional adjudications.

Category:State constitutional officers of Maine Category:Maine law