Attorney General of Mississippi

The attorney general of Mississippi is a statewide elected office in the U.S. state of Mississippi. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and bringing lawsuits on behalf of the state. They serve a four-year term with no term limits.

Attorney General of Mississippi
Seal of the attorney general
Incumbent
Lynn Fitch
since January 9, 2020
Term length4 years
Formation1818
First holderLyman Harding
Salary$108,960 annually
Websiteago.state.ms.us

The office was created by 1817 Constitution of Mississippi as a legislatively-elected position with a one-year term. In 1832 the office was made popularly-elective and the term was extended. All attorneys general from 1878 to 2020 were Democrats. The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020.

History

The 1817 Constitution of Mississippi provided for an attorney general to be elected by the Mississippi State Legislature for a one-year term.[1] The legislature elected Mississippi's first attorney general, Lyman Harding, on January 21, 1818.[2] Under the constitution of 1832, the term was extended to four years and the officer was made popularly-elective.[3]

The 1890 state constitution maintained the attorney general of Mississippi as a popularly-elected executive official with a four-year term.[4] The document also made the officer an ex officio member of the State Board of Education. In 1982 the constitution was amended, removing the attorney general from the board effective July 1, 1984.[5] From 1878 until 2020, all Mississippi attorneys general were Democrats.[6][7] The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020. She is the first woman to hold the position.[8]

Powers and responsibilities

Like the seats in the Mississippi State Legislature and the other seven statewide-elected offices, the Mississippi attorney general is popularly elected every four years in the November preceding a United States presidential election year.[9] There are no term limits for the holder of the office.[10] Candidates for the office must meet the same constitutional qualifications as candidates for circuit court and chancery court judges;[11] they must be at least 26 years old, have lived in the state for at least five years, and have practiced law for at least five years.[12] The attorney general's salary is determined by law.[11] It is currently fixed at $108,960 per year, but is set to increase to $150,000 annually in 2024.[13]

The attorney general is the chief legal officer of the state and serves as the state's lawyer,[14] representing its agencies, boards, and commissions in legal capacities.[15] The attorney general's office also represents district attorneys and local judges in civil litigation,[16] though it is forbidden by law from providing counsel to defendants in criminal cases.[17] Only their office can bring or defend a lawsuit on behalf of the state,[14] though they may retain private counsel to work on their own behalf in such instances.[18] They are also empowered to appoint special investigations and prosecutors to try criminal cases on behalf of the state, and may—at their own discretion—assume responsibility for the prosecution of a crime in the event a local district attorney recuses themselves from proceedings.[19] The attorney general is responsible for appointing the state's solicitor general.[20][21][lower-alpha 1] They are empowered by law to issue advisory opinions on questions of state law to statewide elected officials, legislators, state agencies, judges, and some local officials.[22][23] They can also exercise powers under common law.[11]

The Office of the Attorney General of Mississippi is split into 16 divisions.[14] The main facilities of the attorney general and their staff are located in Jackson, though a satellite office is maintained in Biloxi and another is planned to be opened in Oxford.[24] As of February 2023, the agency employs about 300 people, including attorneys and law enforcement officers.[25]

List of attorneys general
Attorneys General
No. Attorney General Term in office Party Source
1 Lyman Harding 1818 – 1820 Democrat-Republican [26]
2 Edward Turner 1820 – 1821 Democrat-Republican [26]
3 Thomas Buck Reed 1821 – 1825 Democrat-Republican [26]
4 Richard Stockton 1825 – 1828 Jacksonian Democrat [26]
5 George Adams 1828 – 1829 Jacksonian Democrat [26]
6 Robert H. Buckner 1829 – 1830 Democratic [26]
7 R. M. Gaines 1830 – 1834 Democratic [26]
8 M. D. Patton 1834 – 1837 Democratic [26]
9 T. F. Collins 1837 – 1841 Democratic [26]
10 John D. Freeman 1841 – 1850 Democratic [26]
11 David C. Glenn 1850 – 1857 Democratic [26]
12 T. J. Wharton 1857 – 1865 Democratic [26]
13 Charles E. Hooker 1865 – 1868 Democratic [26]
14 Jasper Myers 1868 – 1870 Democratic [26]
15 Joshua S. Morris 1870 – 1874 Republican [26][27]
16 George E. Harris 1874 – 1878 Republican [26]
17 Thomas C. Catchings 1878 – 1885 Democratic [26]
18 Thomas S. Ford 1885 – 1886 Democratic [26]
19 T. Marshall Miller 1886 – 1893 Democratic [26]
20 Frank Johnston 1893 – 1896 Democratic [26]
21 Wiley N. Nash 1896 – 1900 Democratic [26]
22 Monroe McClurg 1900 – 1903 Democratic [26]
23 William Williams 1903 – 1907 Democratic [26]
25 Robert Virgil Fletcher 1907 – 1908 Democratic [26]
26 J. Bowman Sterling 1908 – 1910 Democratic [26]
27 Shepherd Spencer Hudson 1910 – 1912 Democratic [26]
28 Ross A. Collins 1912 – 1920 Democratic [26]
29 Frank Roberson 1920 – 1923 Democratic [26]
30 Clayton D. Potter 1923 – 1924 Democratic [26]
31 Rush Hightower Knox 1924 – 1928 Democratic [26]
32 George T. Mitchell 1928 – 1932 Democratic [26]
33 Greek Lent Rice 1932 – 1950 Democratic [26]
34 James P. Coleman 1950 – 1956 Democratic [26]
35 Joseph Turner Patterson 1956 – 1969 Democratic [26]
36 A. F. Summer 1969 – 1980 Democratic [26]
37 William Allain 1980 – 1984 Democratic [26]
38 Edwin L. Pittman 1984 – 1988 Democratic [26]
39 Mike Moore 1988 – 2004 Democratic [26]
40 Jim Hood 2004 – 2020 Democratic [26]
41 Lynn Fitch 2020 – present Republican [26]

Notes
  1. State law does not explicitly authorize or recognize the position of solicitor general, but Attorney General Lynn Fitch created the job shortly after assuming office in 2020 to lead appellate activities.[21]

References
  1. Rowland 1904, p. 23.
  2. Rowland 1904, p. 124.
  3. Rowland 1904, p. 27.
  4. Krane & Shaffer 1992, pp. 49–50.
  5. Winkle 2014, pp. 126–127.
  6. "Lynn Fitch to become next Attorney General of Mississippi: BREAKING NEWS". WJTV 12. Nexstar Media Group. November 5, 2019. Retrieved March 8, 2023.
  7. Jones, Kevin Jones (January 20, 2023). "6 Things to Know About March for Life Speaker Lynn Fitch, Champion of Dobbs Case". National Catholic Register. Catholic News Agency. Retrieved March 8, 2023.
  8. Pettus, Emily Wagster (January 10, 2020). "7 of 8 statewide officials inaugurated". The Greenwood Commonwealth. Associated Press. pp. 1, 12.
  9. Bullock & Rozell 2010, p. 104.
  10. Clark, Eric (December 2007). "The Government of Mississippi: How it Functions". Mississippi History Now. Mississippi Department of Archives and History. Retrieved March 17, 2023.
  11. Winkle 2014, p. 113.
  12. Winkle 2014, p. 105.
  13. Pender, Geoff (April 7, 2022). "Amid vetoes, Gov. Reeves lets pay raises for elected officials pass". Mississippi Today. Nonprofit Mississippi News. Retrieved October 10, 2022.
  14. "Divisions". Attorney General of Mississippi. Retrieved February 15, 2023.
  15. "State Agencies". Attorney General of Mississippi. Retrieved March 8, 2023.
  16. "Civil Litigation". Attorney General of Mississippi. Retrieved March 8, 2023.
  17. "Criminal Appeals". Attorney General of Mississippi. Retrieved March 8, 2023.
  18. Harrison, Bobby (July 4, 2021). "New boss same as old boss when it comes to AG using private lawyers". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
  19. Pettus, Emily Wagster (October 15, 2021). "Analysis: Judges can't order attorney general to take cases". The Commercial Dispatch. Associated Press. Retrieved March 12, 2023.
  20. "Solicitor General". Attorney General of Mississippi. Retrieved March 8, 2023.
  21. Harrison, Bobby (November 29, 2021). "Former DOJ attorney under Trump will argue Mississippi's case to Supreme Court to reverse Roe v. Wade". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
  22. Winkle 2014, p. 30.
  23. "MS Attorney General's Office Official Opinion" (PDF). Attorney General of Mississippi. 2020. Retrieved March 8, 2023.
  24. Bobby, Harrison (October 18, 2022). "AG Lynn Fitch to open north Mississippi office, but not in Houston". Mississippi Today. Nonprofit Mississippi News. Retrieved March 8, 2023.
  25. Welcome Guide 2023, p. 2.
  26. Mississippi Official and Statistical Register 2021, p. 552.
  27. "Republican Ticket". The Weekly Mississippi Pilot. 1869-11-27. p. 2. Retrieved 2023-10-14 – via Newspapers.com.open access

Works cited
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