Solicitor General of Puerto Rico

Solicitor General of Puerto Rico
Post	Solicitor General of Puerto Rico
Native name	Procurador General de Puerto Rico
Appointer	Governor of Puerto Rico
Formation	20th century

Solicitor General of Puerto Rico

The Solicitor General of Puerto Rico is the principal appellate advocate for the Commonwealth of Puerto Rico before the Supreme Court of Puerto Rico, the United States Court of Appeals for the First Circuit, the United States Supreme Court, and other tribunals. The office coordinates appellate litigation arising from executive agencies such as the Puerto Rico Department of Health, the Puerto Rico Electric Power Authority, and the Puerto Rico Fiscal Agency and Financial Advisory Authority, and interacts with federal entities including the United States Department of Justice, the United States Department of the Treasury, and the Federal Emergency Management Agency. The Solicitor General advises the Governor of Puerto Rico, the Secretary of Justice of Puerto Rico, and litigates matters implicating statutes like the Puerto Rico Constitution and federal statutes such as the Jones Act and the Puerto Rico Oversight, Management, and Economic Stability Act.

Role and Responsibilities

The Solicitor General represents the Commonwealth in appellate matters before the Supreme Court of Puerto Rico, the United States Court of Appeals for the First Circuit, and the United States Supreme Court, and coordinates with litigants such as the Puerto Rico Electric Power Authority, the Puerto Rico Aqueduct and Sewer Authority, and the Puerto Rico Department of Education. The office prepares certiorari petitions, merits briefs, and oral arguments in cases involving the Puerto Rico Constitution, the Foraker Act, the Jones Act, the Merchant Marine Act of 1920, and federal statutes litigated alongside entities like the United States Department of Justice and the Office of the Solicitor General of the United States. The Solicitor General advises the Governor of Puerto Rico, the Secretary of Justice of Puerto Rico, and subordinate agencies including the Puerto Rico Police Bureau, the Puerto Rico National Guard, and the Puerto Rico Fiscal Agency and Financial Advisory Authority on appellate strategy and constitutional interpretation. The office liaises with professional bodies such as the Puerto Rico Bar Association and academic institutions including the University of Puerto Rico School of Law and the Interamerican University of Puerto Rico School of Law.

Appointment and Term

The Solicitor General is typically appointed by the Governor of Puerto Rico and confirmed in accordance with procedures established under Puerto Rican law, often subject to consultation with the Secretary of Justice of Puerto Rico and confirmation processes involving the Senate of Puerto Rico. Appointees frequently have backgrounds from institutions such as the Harvard Law School, the Yale Law School, the Columbia Law School, and clerkships with the Supreme Court of Puerto Rico or the United States Court of Appeals for the First Circuit. Terms may be tied to the tenure of the Governor of Puerto Rico or set by statute, and transitions have involved figures from the Puerto Rico Bar Association, public defenders from the Puerto Rico Legal Aid Bureau, and alumni of the Office of the Attorney General of the United States. The appointment process has intersected with notable governors including Luis Muñoz Marín, Rafael Hernández Colón, Pedro Rosselló, Aníbal Acevedo Vilá, Luis Fortuño, Alejandro García Padilla, Ricardo Rosselló, and Pedro Pierluisi.

Office Structure and Staff

The Solicitor General’s office typically comprises appellate litigators divided into units handling civil appeals, criminal appeals, administrative law, and constitutional litigation, staffed by attorneys from the University of Puerto Rico School of Law, the Interamerican University of Puerto Rico School of Law, the Pontifical Catholic University of Puerto Rico School of Law, and externs from entities like the Federal Public Defender Office. Staff attorneys often include former clerks of the United States Court of Appeals for the First Circuit, the Supreme Court of Puerto Rico, and the United States Supreme Court, as well as attorneys with prior experience at law firms such as Deloitte, Baker McKenzie, Vinson & Elkins, and public institutions including the Puerto Rico Department of Justice and the Puerto Rico Office of the Ombudsman. The office coordinates oral argument calendars with the Supreme Court of Puerto Rico, briefs filings under rules modeled on the Federal Rules of Appellate Procedure, and manages interactions with counsel for entities like the Puerto Rico Electric Power Authority and creditors involved with the Puerto Rico Oversight Board.

Notable Cases and Opinions

The Solicitor General’s office has litigated cases involving the Puerto Rico Oversight, Management, and Economic Stability Act before the United States Court of Appeals for the First Circuit and the United States Supreme Court, disputes over privatization involving the Puerto Rico Electric Power Authority and the Puerto Rico Aqueduct and Sewer Authority, civil rights and due process claims arising from the Puerto Rico Police Bureau, and tax controversies implicating the Internal Revenue Service and the United States Department of the Treasury. Significant litigation has concerned the application of the Jones Act to Puerto Rican commerce, maritime matters adjudicated under the Merchant Marine Act of 1920, and constitutional questions under the Puerto Rico Constitution and the United States Constitution in cases litigated alongside the Office of the Solicitor General of the United States and private counsel from firms such as Arnold & Porter and Covington & Burling. The office has filed amicus briefs in matters before the United States Supreme Court addressing bankruptcy law, federal preemption, and civil procedure, often coordinating with the United States Department of Justice and advocacy groups including the American Civil Liberties Union and the Puerto Rican Legal Defense and Education Fund.

History and Evolution

The office emerged in the mid-20th century as appellate practice professionalized in the wake of statutes and events such as the Foraker Act, the Jones-Shafroth Act, and the evolution of the Commonwealth of Puerto Rico status. Over time, the office adapted to changes wrought by decisions from the Supreme Court of Puerto Rico, the United States Court of Appeals for the First Circuit, and the United States Supreme Court, and by federal legislation including the Puerto Rico Oversight, Management, and Economic Stability Act. Prominent figures in the office have included alumni of the University of Puerto Rico School of Law and federal clerks who later served in roles across the Puerto Rico Department of Justice, the United States Department of Justice, and academia at institutions like the University of Puerto Rico Río Piedras Campus and the Harvard Kennedy School.

Relationship with Puerto Rico Department of Justice

The Solicitor General operates within the Puerto Rico Department of Justice framework, reporting to the Secretary of Justice of Puerto Rico on appellate matters while maintaining autonomy over appellate advocacy and litigation strategy. The office collaborates with divisions such as the Criminal Division of the Puerto Rico Department of Justice, the Civil Division of the Puerto Rico Department of Justice, and the Administrative Law Division of the Puerto Rico Department of Justice, and coordinates enforcement and policy issues with agencies like the Puerto Rico Office of the Comptroller. Interagency cooperation has involved the Governor of Puerto Rico, the Senate of Puerto Rico, and federal partners including the United States Department of Justice and the Federal Emergency Management Agency.

List of Solicitors General

- Early and mid-20th century holders drawn from the University of Puerto Rico School of Law and private practice; later incumbents included clerks of the United States Court of Appeals for the First Circuit and alumni of Harvard Law School and Yale Law School. - Recent officeholders have engaged with litigation before the United States Supreme Court, the United States Court of Appeals for the First Circuit, and the Supreme Court of Puerto Rico, representing agencies such as the Puerto Rico Electric Power Authority and the Puerto Rico Fiscal Agency and Financial Advisory Authority.

Category:Government of Puerto Rico