View source for Attorney General of Virginia

{{Short description|Attorney general for the U.S. state of Virginia}}
{{Use mdy dates|date=March 2024}} {{Use American English|date=March 2024}}
{{Infobox official post
| post                     = Attorney General
| body                     = Virginia
| native_name              = 
| flag                     = 
| flagsize                 = 
| flagborder               = 
| flagcaption              = 
| insignia                 = Seal of the Attorney General of Virginia.jpg
| insigniasize             = 
| insigniacaption          = Seal of the attorney general of Virginia
| image                    =File:Jason Miyares in November 2021.jpg
| imagesize                = 
| alt                      = 
| incumbent                = [[Jason Miyares]]
| acting                   =
| incumbentsince           = January 15, 2022
| type                     = Elected constitutional position
| status                   = 
| department               = 
| style                    = [[The Honorable]]
| member_of                = 
| reports_to               = 
| residence                = 
| seat                     = 
| nominator                = 
| appointer                = 
| appointer_qualified      = 
| termlength               = Four years
| termlength_qualified     = 
| constituting_instrument  = 
| precursor                = 
| formation                = 1776
| first                    = [[Edmund Randolph]]
| last                     = 
| abolished                = 
| succession               = 
| abbreviation             = 
| unofficial_names         = 
| deputy                   = 
| salary                   = 
| website                  = {{URL|https://www.oag.state.va.us}}
}}

The '''attorney general of Virginia''' is an elected constitutional position that holds an [[Executive (government)|executive]] office in the government of [[Virginia]]. Attorneys general are elected for a four-year term in the year following a [[United States presidential election|presidential election]]. There are no [[term limit]]s restricting the number of terms someone can serve as attorney general.<ref>[http://www.nga.org/files/pdf/BOS4-9.pdf "Constitutional and Statutory Provisions For Number of Consecutive Terms of Elected State Officials"], [[National Governors Association]]. Retrieved on 2008-05-21.</ref>

== History ==
In the [[Colony of Virginia]], attorneys general were typically appointed by the [[king of England]], with vacancies in the office filled by the appointment of the colonial governor or lieutenant governor, sometimes in consultation with the governor's council.<ref name= VAencyclopedia/> The [[Constitution of Virginia#1851|Virginia Constitution of 1851]] provided for the popular election of the attorney general.{{sfn|Dinan|2014|pp=113, 139}}

[[Mary Sue Terry]], sworn in in 1986, was Virginia's first female attorney general.<ref>{{cite news| last = Elsman| first = Dale| title = Baliles, Wilder, Ms. Terry sworn in, say state 'leading the nation again'| newspaper = Richmond Times-Dispatch| pages = 1, 12| date = January 12, 1986| url = https://www.newspapers.com/article/richmond-times-dispatch/127292548/}}</ref> [[Jason Miyares]], sworn in on January 15, 2022, is the state's first Latino attorney general.<ref>{{cite web| url = https://www.wric.com/news/virginia-news/jason-miyares-sworn-in-as-attorney-general-makes-history-as-first-latino-to-hold-statewide-office-in-virginia/| title = Jason Miyares, sworn in as attorney general, makes history as first Latino to hold statewide office in Virginia| last = Mirshahi| first = Dean| date = January 15, 2022| website = ABC8News| publisher = Nexstar Media| access-date = July 1, 2023}}</ref>

==Qualifications==
The position of attorney general is established by Article V, Section 15 of the [[Constitution of Virginia]], and they are elected for four years and serve concurrently with the [[Governor of Virginia|governor]]. All candidates for attorney general must be at least thirty years old, a citizen of the United States, and have the same qualifications required of a [[Virginia Circuit Court]] judge.<ref name="Constitution">{{cite web|title=Constitution of Virginia |url=http://constitution.legis.virginia.gov/ |publisher=Virginia's Legislative Information System |access-date=30 December 2013 |url-status=dead |archive-url=https://web.archive.org/web/20131106101601/http://constitution.legis.virginia.gov/ |archive-date=6 November 2013 }}</ref>   

==Responsibilities==
The attorney general represents the legal interests of the people of Virginia and agencies and boards of the state's government. By law, the attorney general must represent the state and its constituent agencies unless it is impractical to do so, in which case private legal representation may be contracted to serve in their place. They are responsible for aiding investigative activities into certain criminal activities, enforcing certain laws, and providing [[Advisory opinion|official advice]] on questions of law to members of the Virginia General Assembly and other state officials.<ref name= aboutag>{{cite web| url = https://www.oag.state.va.us/our-office/about-the-office| title = About the Office| publisher = Attorney General of Virginia| access-date = March 20, 2023}}</ref> The attorney general can be impeached and removed from office by the Virginia General Assembly.{{sfn|Dinan|2014|p=138}}

The office of attorney general is led by the attorney general. Under them serve a chief deputy attorney general, four deputy attorneys general, and various other legal and support staff.<ref name= aboutag/>

==List of attorneys general==

===Attorneys general of colonial Virginia===
Records of this period are sparse. The attorney general was appointed by the King, a combination of the governor and council, or the governor or acting governor. There was no term of office, and the office may have been vacant for extended periods.<ref name= VAencyclopedia>{{Cite web|url=https://www.encyclopediavirginia.org/Attorneys_General_of_Virginia|title=Attorneys General of Virginia|website=Encyclopedia Virginia|publisher=Virginia Humanities|access-date=March 20, 2023}}</ref>

{| class=wikitable
!Name
!Term
!Notes

|-
|[[Richard Lee I|Richard Lee]]
| October 12, 1643 – 1642
| Appointed by Governor [[William Berkeley (governor)|William Berkeley]] and Council
|-
| (Office not in use?)
| 1652–1660
| Office apparently vacant during the [[Interregnum (England)|Interregnum]]
|-
|[[Peter Jenings]]
| Before June 25, 1670 – c. October 12, 1670
| Reappointed by [[Charles II of England]] on September 15, 1670
|-
|[[George Jordan (Virginia)|George Jordan]]
| October 12, 1670 – at least October 3, 1672
| Appointed by Governor [[William Berkeley (governor)|William Berkeley]] and Council
|-
|[[Robert Beverley (major)|Robert Beverley]]
| March 10, 1676 (appointed)<ref>{{cite web|last1=Evans|first1=Emory g.|title=Robert Beverley (bap. 1635–1687)|url=http://www.encyclopediavirginia.org/Beverley_Robert_bap_1635-1687|publisher=Encyclopedia Virginia|access-date=6 July 2015}}</ref>
| Appointed by Governor [[William Berkeley (governor)|William Berkeley]] and Council
|-
|[[George Jordan (Virginia)|George Jordan]]
| Acting on May 20, 1677
| 
|-
|[[William Sherwood (burgess)|William Sherwood]]
| Early March 1677 – at least until November 25, 1678
| 
|-
|[[Edward Hill Jr.|Edward Hill]]
| appointed by Deputy Governor [[Henry Chicheley]] on September 27, 1679.
| 
|-
|[[Edmund Jenings (governor)|Edmund Jenings]]
| 1680 – before November 16, 1686
| 
|-
|[[George Brent (politician)|George Brent]]
| Before November 16, 1686 – before May 1, 1688
| Acting
|-
|[[Edmund Jenings (governor)|Edmund Jenings]]
| c. May 1, 1688 – June 10, 1691
|
|-
|[[Edward Chilton (attorney)|Edward Chilton]]<ref>{{cite web|last1=Tate|first1=Thad W.|title=Edward Chilton (1658–1707)|url=http://www.encyclopediavirginia.org/Chilton_Edward_1658-1707|publisher=Encyclopedia Virginia|access-date=6 July 2015}}</ref>
| October 20, 1691 (sworn) – April 1694
| Appointed by Governor [[Francis Nicholson]]. Resigned.
|-
|[[William Randolph]]
| April 1694 (sworn) – October 29, 1698
| Appointed by Governor [[Francis Nicholson]]. Resigned.
|-
|[[Bartholomew Fowler]]
| October 29, 1698 – September 4, 1700
| Appointed by Governor [[Francis Nicholson]]. Resigned.
|-
|[[Benjamin Harrison III]]
| October 17, 1700 – c. 1702
| Appointed by Governor [[Francis Nicholson]] and Council. 
|-
|[[Stevens Thomson]]
| March 2, 1704 (sworn) – February 1714
| Privy Council approved appointment July 30, 1703. Died in office.
|-
|[[John Clayton (d. 1737)|John Clayton]]
| 1714 – November 18, 1737
| Appointed by Lieutenant Governor [[Alexander Spotswood]], given leave to England<ref name=EV>{{cite web|last1=Tarter|first1=Brent|title=John Clayton (ca. 1666–1737)|url=http://www.encyclopediavirginia.org/Clayton_John_ca_1666-1737|publisher=[[Encyclopedia Virginia]]|access-date=1 July 2015}}</ref>
|-
|[[Sir John Randolph|John Randolph]]
| April 22, 1726 – late 1727 or early 1728
| Appointed acting by Lieutenant Governor [[Sir William Gooch, 1st Baronet|William Gooch]] in Clayton's absence
|-
|John Clayton
| late 1727 or early 1728 – November 18, 1737
| Reappointed by royal warrant after February 29, 1728. Died in office
|-
|[[Edward Barradall]]
| Acting between November 17 and 25, 1737 – June 19, 1743
| Appointed acting by Lieutenant Governor [[Sir William Gooch, 1st Baronet|William Gooch]], followed by warrant March 7, 1738, died in office
|-
|[[Thomas Nelson Sr. |Thomas Nelson]]
| Between June 19 and 27, 1743 – summer 1744
| Appointed acting by Lieutenant Governor [[Sir William Gooch, 1st Baronet|William Gooch]]
|-
|[[Peyton Randolph]]
| May 7, 1744 (warrant) – sometime before January 29, 1754
| Office declared forfeit on June 20, 1754
|-
|[[Peyton Randolph]]
| May 13, 1755 (warrant) – sometime soon after November 22, 1766
| Resigned
|-
|[[George Wythe]]
| c. January 29, 1754 – between January 20 and February 10, 1755
| Appointed acting by Lieutenant Governor [[Robert Dinwiddie]]
|-
|[[George Wythe]]
| c. after November 22, 1766 – between June 4 and 11, 1767
| Appointed acting by Lieutenant Governor [[Francis Fauquier]]
|-
|[[John Randolph (loyalist)|John Randolph]]
| Between June 4 and 11, 1767 – early September 1775 (fled)
| Fled Virginia in September 1775
|-
|}

===Attorneys general (1776–1857)===
From 1776 to 1851, the attorney general was elected by the General Assembly, or, in case of vacancy, appointed by the governor for an undefined term. The [[Virginia Constitution of 1851]] introduced popular election and four-year terms. After the 1851 constitution, vacancies would be filled by the General Assembly, if they were in session, or by the governor.
 
{| class=wikitable
!Image
!Name
!Term
!Party
!Notes
 
|-
|[[File:EdRand.jpg|60px]]
|[[Edmund Randolph]]
| early July 1776 – November 30, 1786
|
| Elected by convention
|-
|
|[[James Innes (Virginia)|James Innes]]
| November 30, 1786 – November 13, 1796
|
| Resigned
|-
|[[File:Marshall-john-engraving-LOC-1808.jpg|60px]]
|[[John Marshall]]
| mid-October 1794 – late March 1795
|
| Acting
|-
|[[File:Robert Brooke Virginia Governor.jpg|60px]]
|[[Robert Brooke (Virginia governor)|Robert Brooke]]
| mid-November 1796 – February 27, 1800
|{{Party shading/Democratic-Republican}}|[[Democratic-Republican Party|Democratic-Republican]]
| Died in office
|-
|[[File:Philip Norborne Nicholas, head-and-shoulders portrait, right profile LCCN2007676918.jpg|60px]]
|[[Philip Norborne Nicholas]]
| March 15, 1800 – January 7, 1819
|{{Party shading/Democratic-Republican}}|[[Democratic-Republican Party|Democratic-Republican]]
| Appointed by Governor [[James Monroe]], elected by General Assembly, resigned
|-
|
|[[John Robertson (congressman)|John Robertson]]
| January 21, 1819 – mid-October 1834
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
| Resigned
|-
|
|[[Sidney Smith Baxter]]
| December 11, 1834 – January 1, 1852
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
|
|-
|
|[[Willis Perry Bocock]]
|January 1, 1852 – May 15, 1857
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
|Resigned
|-
|}

===Attorneys general during the Civil War and Reconstruction===
Tucker served as the attorney general of Confederate Virginia throughout the [[American Civil War|Civil War]]. Wheat and Bowden served as the attorneys general for [[Restored Government of Virginia]]. From 1865 to 1870, the commanding general of the military district of Virginia appointed the office.
{| class=wikitable
!Image
!Name
!Term
!Party
!Notes

|-
|[[File:John Randolph Tucker 1823-1897 - Brady-Handy.jpg|60px]]
|[[John Randolph Tucker (politician)|John Randolph Tucker]]
|  June 13, 1857 – May 9, 1865
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
| Confederate attorney general throughout war. Left office when government abandoned Richmond.
|-
|
|[[James Sanders Wheat|James S. Wheat]]
|  June 21, 1861 – December 7, 1863
|{{Party shading/Republican}}|[[Republican Party (United States)|Republican]]
| Elected at the [[Wheeling Convention]] and then in a May 1862 election for the [[Restored Government of Virginia]] in Wheeling.
|-
|
|[[Thomas Russell Bowden]]
|December 7, 1863 – August 1, 1869
|{{Party shading/Unionist}}|[[Unionist politician (American Civil War)|Union]]
| Attorney general for the [[Restored Government of Virginia]] in Wheeling, then Alexandria, after West Virginia separated, and in post-war [[Reconstruction Era|Reconstruction]] Virginia.
|-
|
|[[Charles Whittlesey (lawyer)|Charles Whittlesey]]
| September 10, 1869 – January 19, 1870
|{{Party shading/Republican}}|Republican
| Appointed and removed by Brigadier General [[Edward Richard Sprigg Canby]]
|-
|
|[[James Craig Taylor]]
| January 19, 1870 – January 1, 1874
|{{Party shading/Conservative}}|[[Conservative Party of Virginia (1867)|Conservative Party of Virginia]]
| Appointed by Brigadier General Canby after winning election (moving forward swearing-in date)
|-
|}

===Attorneys general (1874–present)===
{| class=wikitable
!Image
!Name
!Term
!Party
!Notes

|-
|[[File:Belles, beaux and brains of the 60's (1909) (14596404537).jpg|60px]]
|[[Raleigh Travers Daniel]]<ref>{{cite web|last1=Tarter|first1=Brent|title=Raleigh Travers Daniel (1805–1877)|url=http://www.encyclopediavirginia.org/Daniel_Raleigh_Travers_1805-1877|publisher=[[Encyclopedia Virginia]]/[[Dictionary of Virginia Biography]]|access-date=15 June 2015}}</ref>
| January 1, 1874 – August 16, 1877
|{{Party shading/Conservative}}|[[Conservative Party of Virginia (1867)|Conservative Party of Virginia]]
| Died in office
|-
|[[File:James G. Field.jpg|60px]]
|[[James G. Field|James Gavin Field]]
| August 29, 1877 – January 1, 1882
|{{Party shading/Conservative}}|[[Conservative Party of Virginia (1867)|Conservative Party of Virginia]]
| Appointed and then elected
|-
|
|[[Frank S. Blair|Francis Simpson Blair]]
| January 1, 1882 – January 1, 1886
|{{Party shading/Readjuster}}|[[Readjuster Party]]<ref>{{cite web|last1=Tarter|first1=Brent|title=Francis Simpson Blair (1839–1899)|url=http://www.encyclopediavirginia.org/Blair_Francis_Simpson_1839-1899|publisher=Encyclopedia Virginia|access-date=24 August 2015}}</ref>
| 
|-
|[[File:Rufus Ayers.jpg|60px]]
|[[Rufus A. Ayers]]
| January 1, 1886 – January 1, 1890
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
| 
|-
|[[File:R. Taylor Scott.png|60px]]
|[[R. Taylor Scott]]
| January 1, 1890 – August 5, 1897
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
| Died in office
|-
|
|[[Richard Carter Scott]]
| August 11, 1897 – January 1, 1898
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
| appointed by Governor [[Charles T. O'Ferrall]]
|-
|[[File:Picture of Andrew Jackson Montague.jpg|60px]]
|[[Andrew Jackson Montague]]
| January 1, 1898 – January 1, 1902
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
| Became governor January 1, 1902
|-
|[[File:William Alexander Anderson.jpg|60px]]
|[[William Alexander Anderson]]
| January 1, 1902 – February 1, 1910
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
|
|-
|
|[[Samuel Walker Williams]]
| February 1, 1910 – February 2, 1914
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
|
|-
|[[File:JGPollard (cropped).jpg|60px]]
|[[John Garland Pollard]]
| February 2, 1914 – January 5, 1918
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
|Resigned.
|-
|[[File:Josiah D Hank Jr.jpg|60px]]
|[[Josiah D. Hank Jr.]]
| January 5, 1918 - February 1, 1918
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
|Appointed by Governor [[Henry C. Stuart]] 
|-
|[[File:John R Saunders 1912.jpg|60px]]
|[[John R. Saunders]]
|February 1, 1918 – March 17, 1934
|{{Party shading/Democratic}}|[[Democratic Party (United States)|Democratic]]
|Died in office
|-
|[[File:Abram Penn Staples.png|60px]]
|[[Abram Penn Staples]]
|March 22, 1934 – October 6, 1947
|{{Party shading/Democratic}}|Democratic
|Resigned to become judge of the [[Virginia Supreme Court of Appeals]]
|-
|
|[[Harvey Black Apperson]]
|October 7, 1947 – February 2, 1948
|{{Party shading/Democratic}}|Democratic
|Appointed by Governor; Died in office
|-
|[[File:J. Lindsay Almond (VA).png|60px]]
|[[J. Lindsay Almond]]
|February 11, 1948 – September 16, 1957
|{{Party shading/Democratic}}|Democratic
|Resigned to run for Governor
|-
|
|[[Kenneth Cartwright Patty]]
|September 1957 – January 1958
|{{Party shading/Democratic}}|Democratic
|Appointed by Governor
|-
|[[File:Albertis Harrison 1962.jpg|60px]]
|[[Albertis Sydney Harrison]]
|January 1958 – April 1961
|{{Party shading/Democratic}}|Democratic
|Resigned to run for Governor
|-
|[[File:Senator F T Gray 1982.jpg|60px]]
|[[Frederick Thomas Gray]]
|May 1961 – January 1962
|{{Party shading/Democratic}}|Democratic
|Appointed by Governor
|-
|
|[[Robert Young Button]]
|January 1962 – January 1970
|{{Party shading/Democratic}}|Democratic
|<ref>{{cite web|last1=Bugg|first1=J. L.|title=Robert Young Button (1899–1977)|url=http://www.encyclopediavirginia.org/Button_Robert_Young_1899-1977|publisher=Encyclopedia Virginia|access-date=15 July 2015}}</ref>
|-
|
|[[Andrew Pickens Miller]]
|January 1970 – January 1977
|{{Party shading/Democratic}}|Democratic
|Resigned to run for Governor
|-
|
|[[Anthony Francis Troy]]
|January 1977 – January 1978
|{{Party shading/Democratic}}|Democratic
|
|-
|[[File:Marshall Coleman 1976.jpg|60px]]
|[[J. Marshall Coleman]]
|January 14, 1978 – January 16, 1982
|{{Party shading/Republican}}|[[Republican Party (United States)|Republican]]
|
|-
|[[File:Gerald Baliles 1986.jpg|60px]]
|[[Gerald Baliles]]
|January 16, 1982 – June 30, 1985
|{{Party shading/Democratic}}|Democratic
|Resigned to run for Governor
|-
|
|[[William Broaddus]]
|July 1, 1985 – January 11, 1986
|{{Party shading/Democratic}}|Democratic
|
|-
|
|[[Mary Sue Terry]]
|January 11, 1986 – January 28, 1993
|{{Party shading/Democratic}}|Democratic
|Resigned to run for Governor
|-
|
|[[Stephen D. Rosenthal]]
|January 29, 1993 – January 15, 1994
|{{Party shading/Democratic}}|Democratic
|
|-
|[[File:Jim Gilmore 2004 NSTAC crop.jpg|60px]]
|[[Jim Gilmore]]
|January 15, 1994 – June 11, 1997
|{{Party shading/Republican}}|Republican
|Resigned to run for Governor
|-
|
|[[Richard Cullen (attorney)|Richard Cullen]]
|June 11, 1997 – January 17, 1998
|{{Party shading/Republican}}|Republican
|
|-
|
|[[Mark Earley]]
|January 17, 1998 – June 4, 2001
|{{Party shading/Republican}}|Republican
|Resigned to run for Governor
|-
|
|[[Randolph A. Beales]]
|July 11, 2001 – January 12, 2002
|{{Party shading/Republican}}|Republican
|
|-
|[[File:Jerry Kilgore (2004) (cropped).jpg|60px]]
|[[Jerry Kilgore (politician)|Jerry Kilgore]]
|January 12, 2002 – February 1, 2005
|{{Party shading/Republican}}|Republican
|Resigned to run for Governor
|-
|
|[[Judith Jagdmann]]
|February 1, 2005 – January 14, 2006
|{{Party shading/Republican}}|Republican
|
|-
|[[File:Bob McDonnell (4379673749) (cropped) (cropped).jpg|60px]]
|[[Bob McDonnell]]
|January 14, 2006 – February 20, 2009
|{{Party shading/Republican}}|Republican
|Resigned to run for Governor
|-
|
|[[Bill Mims]]
|February 20, 2009 – January 16, 2010
|{{Party shading/Republican}}|Republican
|
|-
|[[File:Ken Cuccinelli by Gage Skidmore cropped.jpg|60px]]
|[[Ken Cuccinelli]]
|January 16, 2010 – January 11, 2014
|{{Party shading/Republican}}|Republican
|
|-
|[[File:Mark Herring in 2013.jpg|60px]]
|[[Mark Herring]]
|January 11, 2014 – January 15, 2022
|{{Party shading/Democratic}}|Democratic
|
|-
|[[File:Jason Miyares in November 2021.jpg|60px]]
|[[Jason Miyares]]
|January 15, 2022 – present
|{{Party shading/Republican}}|Republican
| First attorney general of Hispanic and Cuban descent.
|-
|}

==References==
{{reflist}}

== Works cited ==
* {{cite book| last = Dinan| first = John J.| title = The Virginia State Constitution| publisher = Oxford University Press | date = 2014| location = | url = https://books.google.com/books?id=T3bqAgAAQBAJ| isbn = 9780199355723}}

==External links==
* [http://www.oag.state.va.us/ Virginia Attorney General] official website
* [http://law.justia.com/codes/virginia/ Code of Virginia] at Law.Justia.com
* [http://naag.org/naag/attorneys-general/whos-my-ag/virginia/mark-herring.php Virginia Attorney General Mark Herring profile] at [[National Association of Attorneys General]]
* [http://www.oag.state.va.us/index.php/media-center/news-releases Press releases] at Virginia Attorney General

{{Virginia Attorneys General}}
{{U.S. state attorneys general}}
{{Virginia statewide elected officials}}

[[Category:Virginia attorneys general| ]]
[[Category:Virginia law-related lists]]