Attorney General of California
| California Attorney general | |
| General information | |
| Office Type: | Partisan |
| Office website: | Official Link |
| Compensation: | $158,775 |
| 2016-2017 FY Budget: | $833,326,000 |
| Term limits: | 2 terms |
| Structure | |
| Length of term: | 4 years |
| Authority: | California Constitution, Article 5, Section 11 |
| Selection Method: | Elected |
| Current Officeholder | |
| Xavier Becerra | |
| Elections | |
| Next election: | November 8, 2022 |
| Last election: | November 6, 2018 |
| Other California Executive Offices | |
| Governor • Lieutenant Governor • Secretary of State • Attorney General • Treasurer • Auditor • Controller • Superintendent of Public Instruction • Agriculture Secretary • Insurance Commissioner • Natural Resources Secretary • Industrial Relations Director • Public Utilities Commission | |
The officeholder also represents state agencies and officers in legal matters and provides legal advice on request. Further, the attorney general plays a direct role in law enforcement efforts and "coordinates statewide narcotics enforcement efforts, participates in criminal investigations and provides forensic science services, identification and information services and telecommunication support."[1]
Additionally, attorneys general play a prominent policymaking role by "[establishing] and [operating] projects and programs to protect Californians from fraudulent, unfair, and illegal activities that victimize consumers or threaten public safety."[1]
Current officeholder
The current officeholder is Xavier Becerra, a Democrat. He succeeded Kamala Harris (D), who was elected to the U.S. Senate in November 2016. Becerra will serve out the remainder of Harris' term, which expires in January 2019.
Governor Jerry Brown selected then-Congressman Becerra to succeed Kamala Harris as attorney general of California on December 1, 2016. Brown formally nominated Becerra to the position on January 3, 2017, the same day that Harris took the oath of office for the U.S. Senate. Harris named Chief Deputy Attorney General Kathleen “Kate” Alice Kenealy to act as interim attorney general until Becerra's confirmation. The California State Senate confirmed Becerra on January 23, 2017, and he was sworn into office on January 24, 2017. He is the state's first Latino attorney general.[2][3][4][5]
Authority
The office of attorney general is established by the California Constitution.[6]
California Constitution, Article 5, Section 11
|
The Lieutenant Governor, Attorney General, Controller, Secretary of State, and Treasurer shall be elected at the same time and places and for the same term as the Governor. |
Qualifications
State law requires that the attorney general be admitted to practice before the California Supreme Court for five years before election.[7]
California Government Code, Section 12503
|
No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office. |
Additionally, each candidate for attorney general must:[8]
- Be a registered voter
- Be registered with their party for at least three months
- Not have been registered with a different political party in the last 12 months
- Not have been previously term-limited out
Elections
Attorneys general are elected on the first Tuesday after the first Monday in federal midterm election years, e.g. 2018, 2022, 2026 and 2030.[9] Like all constitutional state officers, the attorney general assumes office on the first Monday in the new year following the election.[6]
California Constitution, Article 5, Section 11
|
The Lieutenant Governor, Attorney General, Controller, and Treasurer shall be elected at the same time and places and for the same term as the Governor. No Lieutenant Governor, Attorney General, Controller, Secretary of State, or Treasurer may serve in the same office for more than 2 terms. |
2018
California held an election for attorney general on November 6, 2018. The candidate filing deadline was March 9, 2018.
2014
| Attorney General of California, 2014 | ||||
|---|---|---|---|---|
| Party | Candidate | Vote % | Votes | |
| Democratic | 57.5% | 4,102,649 | ||
| Republican | Ronald Gold | 42.5% | 3,033,476 | |
| Total Votes | 7,136,125 | |||
| Election results via California Secretary of State | ||||
Term limits
Attorneys general, like all state constitutional officers, face an absolute limit of two terms in office.[6]
Full History
To view the electoral history dating back to 2006 for the office of California Attorney General, Click [show] to expand the section. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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2010
2006
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Vacancies
The vacancy procedure for the office of attorney general is determined by the Constitution. When a vacancy occurs, the governor nominates a replacement to serve the remainder of the term under the next election. The appointee must be confirmed by a majority of both house of the California legislature. Until the replacement is approved, the former officeholder's chief deputy exercises the office.[12]
California Constitution, Article 5, Section 5b
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Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes. |
Duties
The attorney general acts as the state's chief law officer and oversees the California Department of Justice. He or she supervises the state's district and city attorneys, as well as its law enforcement officers. The attorney general may personally prosecute any case that would normally be handled by a district or city attorney and represents the state in all cases before the California Supreme Court. Additionally, the attorney general is responsible for issuing formal legal advice to state agencies and officers.[13]
The attorney general also has a policymaking role in state law enforcement and "establishes and operates projects and programs to protect Californians from fraudulent, unfair, and illegal activities that victimize consumers or threaten public safety."[1] Examples include the Medi-Cal Fraud & Elder Abuse, Megan's Law (sex offenses), California's Most Wanted and Campaign Against Marijuana Planting programs.[14]
He or she also fulfills a number of administrative duties, including preparing an annual report for the governor of California on the state of his department, calling meetings of state law enforcement officers and disposing of property forfeited to the state by court judgments.[15]
Divisions
Note: Ballotpedia's state executive officials project researches state official websites for information that describes the divisions (if any exist) of a state executive office. That information for the Attorney General of California has not yet been added. After extensive research we were unable to identify any relevant information on state official websites. If you have any additional information about this office for inclusion on this section and/or page, please email us.
State budget
- See also: California state budget and finances
The budget for the attorney general-led Department of Justice was $833,326,000 in the 2016-2017 fiscal year.[16]
Compensation
- See also: Compensation of state executive officers
The salaries of California's elected executives are determined by the California Citizens Compensation Commission, a seven-member board appointed by the governor to six-year terms. The commission was established after voters passed Proposition 112, an amendment to the California Constitution, in 1990. Commissioners meet prior to June 30 of each year to determine salary recommendations with changes effective the following December. From 2001 to 2013, the commission voted to increase salaries or benefits five times and decreased or made no changes to salaries eight times.[17]
2016
In 2016, the attorney general received a salary of $158,775, according to the Council of State Governments.[18]
2015
In 2015, the attorney general received a salary of $154,150, according to the Council of State Governments.[19]
2014
In 2014, the attorney general received a salary of $151,127, according to the Council of State Governments.[20]
2013
In 2013, the attorney general received a salary of $151,127. This figure comes from the Council of State Governments.[21]
2010
In 2010, the attorney general received a salary of $151,127.[22]
Historical officeholders
There have been 33 California attorneys general since 1849. Of the 32 officeholders, 19 were Democrat, 13 were Republican and one was American Independent.[23]
| List of Former Officeholders from 1849-Present | |||||
|---|---|---|---|---|---|
| # | Name | Tenure | Party | ||
| 1 | Edward J. C. Kewan | 1849-1850 | | ||
| 2 | James A. McDougall | 1850-1852 | | ||
| 3 | S. Clinton Hastings | 1852-1854 | | ||
| 4 | John R. McConnell | 1854-1854 | | ||
| 5 | William M. Stewart | 1854-1856 | | ||
| 6 | William T. Wallace | 1856-1858 | | ||
| 7 | Thomas H. Williams | 1858-1862 | | ||
| 8 | Frank M. Pixley | 1862-1863 | |||
| 9 | John G. McCullough | 1863-1867 | | ||
| 10 | Jo Hamilton | 1867-1871 | | ||
| 11 | John Lord Love | 1871-1875 | | ||
| 12 | Jo Hamilton | 1875-1880 | | ||
| 13 | Augustus L. Hart | 1880-1883 | | ||
| 14 | Edward C. Marshall | 1883-1883 | | ||
| 15 | George A. Johnson | 1883-1887 | | ||
| 16 | Wm. H. H. Hart | 1887-1891 | | ||
| 17 | William F. Fitzgerald | 1891-1899 | |||
| 18 | Tirey L. Ford | 1899-1902 | |||
| 19 | Ulysses S. Webb | 1902-1939 | |||
| 20 | Earl Warren | 1939-1943 | |||
| 21 | Robert W. Kenny | 1943-1947 | |||
| 22 | Fred N. Howser | 1947-1951 | |||
| 23 | Edmund G. Brown | 1951-1959 | |||
| 24 | Stanley Mosk | 1959-1964 | |||
| 25 | Thomas C. Lynch | 1964-1971 | |||
| 26 | Evelle J. Younger | 1971-1979 | |||
| 27 | George Deukmejian | 1979-2083 | |||
| 28 | John Van de Kamp | 1983-1991 | |||
| 29 | Dan Lungren | 1991-1999 | |||
| 30 | Bill Lockyer | 1999-2007 | |||
| 31 | Jerry Brown | 2007-2011 | |||
| 32 | Kamala Harris | 2011-2017 | |||
| 33 | Xavier Becerra | 2017 - Present | |||
Recent news
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Contact Information
Physical address:
Attorney General's Office
California Department of Justice
Attention: Public Inquiry Unit
Post Office Box 944255
Sacramento, CA 94244-2550
Phone: 916-322-3360
Fax: 916-323-5341
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 State of California Department of Justice, "About the AG," accessed June 24, 2011
- ↑ Los Angeles Times, "Essential Politics: Kamala Harris and other Californians take the oath in Washington, San Diego power couple ties the knot," January 3, 2017
- ↑ Los Angeles Times, "Gov. Brown taps California's Rep. Xavier Becerra to be state's first Latino attorney general," December 1, 2016
- ↑ Sacramento Bee, "‘Come at us,’ California attorney general pick Xavier Becerra tells feds," accessed December 2, 2016
- ↑ Los Angeles Times, "Essential Politics: Gov. Brown delivers State of the State address, Xavier Becerra is sworn in as California's new attorney general," January 24, 2017
- ↑ 6.0 6.1 6.2 California Constitution, "Article 5, Section 11," accessed June 23, 2011
- ↑ California Government Code, "Part 2, Chapter 6, Article 1, Section 12503," accessed June 24, 2011
- ↑ California Secretary of State, "Summary of Qualifications and Requirements for June 8, 2010 Primary Election... Attorney general, Controller, or Treasurer," accessed June 23, 2011
- ↑ California Elections Code, "Sections 1001-1003," accessed June 23, 2011
- ↑ California Secretary of State, "2010 General Election Results"
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedcasos06 - ↑ California Constitution, "Article 5, Section 5b," accessed June 27, 2011
- ↑ California Constitution, Article 5, Section 13
- ↑ Office of the Attorney General, "Programs A-Z," accessed November 28, 2015
- ↑ Office of the Attorney General, "Publications: Biennial Reports," accessed November 28, 2015
- ↑ California Department of Finance, "0820 Department of Justice," accessed January 10, 2017
- ↑ California Citizens Compensation Commission, "About the Commission," accessed February 19, 2015
- ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2016," accessed August 27, 2016
- ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2015," accessed August 27, 2016
- ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries," accessed November 14, 2014
- ↑ The Council of State Governments, "Book of the States 2013, Table 4.11," accessed February 2, 2014
- ↑ Council of State Governments, "Book of the States 2010 -- Table 4.11," accessed June 23, 2011
- ↑ National Governors Association, "History of California Constitutional Officers," accessed April 13, 2015
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