Attorney General of Pennsylvania

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Contents

The Attorney General of Pennsylvania is the chief law enforcement officer of the Commonwealth of Pennsylvania. The attorney general represents the state and state agencies in any action brought by or against the Commonwealth or its agencies. Additionally, the attorney general is responsible for collecting all debts, taxes and accounts due to the state.

The attorney general serves as a member of boards and commissions including: the Pennsylvania Commission on Crime and Delinquency, the Board of Pardons, the Board of Finance and Revenue, the Pennsylvania Emergency Management Agency, the Municipal Police Officers Education and Training Commission and the Mid-Atlantic Great Lakes Organized Crime Law Enforcement Network.

Current officeholder

The current officeholder is Linda L. Kelly. She was appointed to the position by Governor Tom Corbett in May 2011 to fill the vacancy Corbett created when he assumed the governorship.

Authority

The state Constitution addresses the office of the secretary of state in Article IV.

Under Article IV, Section 4:

An Attorney General shall be chosen by the qualified electors of the Commonwealth on the day the general election is held for the Auditor General and State Treasurer; he shall hold his office during four years from the third Tuesday of January next ensuing his election and shall not be eligible to serve continuously for more than two successive terms; he shall be the chief law officer of the Commonwealth and shall exercise such powers and perform such duties as may be imposed by law.

Qualifications

Article IV Section 5 of the state Constitution also outlines the qualifications for holding the office of secretary of state.

Article IV, Section 5:

No person shall be eligible to the office of Governor, Lieutenant Governor or Attorney General except a citizen of the United States, who shall have attained the age of thirty years, and have been seven years next preceding his election an inhabitant of this Commonwealth, unless he shall have been absent on the public business of the United States or of this Commonwealth. No person shall be eligible to the office of Attorney General except a member of the bar of the Supreme Court of Pennsylvania.

  • at least 30 years old
  • a resident of Pennsylvania for at least the previous 7 years
  • a member of bar of the Supreme Court of Pennsylvania

Elections

Pennsylvania elects the attorney general in Presidential election years. For Pennsylvania, 2008, 2012, 2016, and 2020 are all attorney general election years. The term for the office begins on the third Tuesday of January following the election.

In the primary election of 1978, Pennsylvania voters approved a Constitutional amendment that changed the attorney general from an appointed position to an elected position. The first attorney general election was held in 1980.

Term limits

Attorneys general in Pennsylvania are prevented, by commonwealth law, from serving more than two successive terms.

Vacancies

Article IV, Section 8 of the Pennsylvania Constitution grants the governor the power to appoint officers to fill vacancies. In the event of a vacancy in the office of attorney general, the governor nominates a successor. This nomination must be made to the commonwealth senate within 90 days of the vacancy. The senate must then take action (confirming or not confirming the nomination) within 25 legislative days.[1]

Duties

The basic duties of the attorney general, as outlined by the Commonwealth Attorneys Act, are:

  • serve as the commonwealth's chief law enforcement officer;
  • collect all debts, taxes, and account due to the commonwealth
  • represent the commonwealth and all agencies in any action brought by or against the commonwealth
  • administer the provision relating to consumer protection laws
  • represent the commonwealth and its citizens in any action brought about for violation of the antitrust laws[2]

Divisions of the office

The office of attorney general is divided into three sections:

  • The Criminal Law Division investigates drug trafficking, child predators, organized crime, public corruption, insurance fraud and other criminal violations.
  • The Public Protection Division safeguards the personal rights of the citizens of Pennsylvania and protects the public interest. The division handles consumer complaints through the Bureau of Consumer Protection and the Health Care Section, oversees Tobacco enforcement, Charitable Trusts and Organizations, Antitrust actions and Civil Rights Enforcement.
  • The Civil Law Division defends the constitutionality of Pennsylvania law, represents Commonwealth agencies, defends the Commonwealth in tax appeals, collects delinquent taxes and other debts owed to the Commonwealth, handles or supervises various appeals and reviews Commonwealth contracts, regulations and bond issues for form and legality.

Compensation

In 2010, the Pennsylvania Attorney General was paid an estimated $145,529 according to the Sunshine Review[3]

Former officeholders

NameAttorney General term
LeRoy S. Zimmerman 1981–1989
Ernie Preate 1989–1995
Tom Corbett 1995–1997
Mike Fisher 1997–2004
Jerry Pappert 2004–2005
Tom Corbett 2005–2011
Linda L. Kelly 2011 - present

Contact information

Pennsylvania Office of Attorney General
16th Floor
Strawberry Square
Harrisburg, PA 17120

Phone: 717-787-3391
Fax: 717-787-8242

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