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The Structure of the Office of the Attorney General
State Attorneys General have never fit easily into the existing framework of state government. States generally have rejected the federal model in which the Attorney General serves at the pleasure of the Chief Executive, and this “divided executive” approach results in numerous possible conflicts as the Attorney General attempts to represent the “client,” which could be the Governor, the state agency, or the public interest.
This Chapter explores the independence inherent in the office of a modern Attorney General. It contains readings that make clear the underlying rationale for parens patriae authority and the need for an attorney general to represent all of the people of the state - the public interest - when a "client" state agency acts illegally.
It also contains readings that describe parens patriae and the duty of Attorneys General to represent all of the people of their States and not to limit themselves to representing a specific state agency.
This Chapter also includes an interactive, role playing hypothetical that explores how these difficult decisions are actually made.
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