The attorney general gives their written opinions and advice upon questions of law to state officials, heads of state institutions, and prosecuting attorneys.[2] They are also responsible for all litigation on behalf of the state government and state agencies and departments.[2] The attorney general represents the state in all claims processed by the United States Court of Claims, prosecutes civil actions as prescribed by law, enforces the state consumer, antitrust, and preneed burial statutes, and enforces the West Virginia Human Rights Act and the West Virginia Fair Housing Act.[2] The attorney general is also an ex officio member of the Board of Public Works, Council of Finance and Administration, Public Land Corporation, West Virginia Housing Fund, West Virginia Sheriff's Bureau, Department of Public Safety Retirement Board, Bid Suspension Review Board, State Building Commission, Commission on Charitable Contributions, Women's Commission, Multistate Tax Compact Advisory Committee, Records Management, and Preservation Advisory Committee.[2]
To be eligible for election or appointment to the position, the attorney general candidate must be at least 25 years of age at the beginning of their term of service, and must have been a citizen of West Virginia for at least five years prior to their election or appointment.[5] In 1872, when the second (and current) Constitution of West Virginia was enacted, the constitution averred that citizens residing in the state at the time of its enactment were also authorized to be elected or appointed as attorney general, regardless of the length of the residency in West Virginia.[5] Their election can be held at any time as prescribed by law.[6] The attorney general's term of office is four years and commences on the first Monday after the second Wednesday of the month of January following their election.[4] If the office of attorney general should become vacant on account of death, resignation, or otherwise, the governor is authorized to select an appointee to hold that office until a successor can be elected and qualified.[7]
Since West Virginia became a state on June 20, 1863, it has had 34 attorneys general, of whom 33 men have held the office (the inaugural attorney general, Aquilla B. Caldwell of Ohio County, served two nonconsecutive terms).[8][9] Caldwell was the first Republican to hold the office, and Joseph Sprigg of Hampshire County was the first Democrat.[9]Darrell McGraw, who held the position from 1993 to 2013, is the longest-serving attorney general and served the most consecutive terms, being elected to the office five times.[9][10] The current attorney general, Patrick Morrisey, began his term on January 14, 2013, and is the first Republican to hold the office in 80 years since Howard B. Lee in 1933 and the first from Jefferson County.[11][12] Six attorneys general have served as Governor of West Virginia.[13]
List of attorneys general
For a list of attorneys general who served the region before West Virginia became a state, see Attorney General of Virginia.
^From 1865 until 1873, attorneys general were sworn into office on January 1; and from 1877 until 1933, they were sworn into office on March 4. From 1937 until the present, attorney general terms begin on the first Monday after the second Wednesday of the month of January following their election.[4][8][9][14][15]
^Aquilla B. Caldwell was elected attorney general on May 28, 1863, but did not take office until statehood on June 20, 1863.[16][17]
^Edwin Maxwell was appointed to fill the vacancy caused by the resignation of Ephraim B. Hall on December 31, 1865 and served in the position until December 31, 1866.[9]
^Aquilla B. Caldwell was appointed to fill the vacancy caused by the resignation of Thayer Melvin on July 1, 1869.[9]
^William G. Conley was appointed on May 9, 1908 to fill the vacancy caused by the death of Clark W. May on April 25, 1908. Conley was elected to fill the remainder of the term, and for the regular term beginning on March 4, 1909.[9]
^ abWilliam S. Wysong was appointed on May 24, 1942 to fill the vacancy caused by the resignation of Clarence W. Meadows on May 16, 1942.[18][19][20] Ira J. Partlow became the acting attorney general on May 18, 1942, and Wysong was sworn into the office on May 25, 1942.[18][19]
^James Kay Thomas was elected on November 3, 1942 to fill the remainder of the unexpired term of Clarence W. Meadows.[9][21] Thomas was sworn in as attorney general on January 13, 1943.[21]
^ abIra J. Partlow resigned on November 7, 1949, and that same day, William C. Marland was appointed to fill the position.[22][23] Marland was sworn in on December 1, 1949 to fill the vacancy and was elected in 1950 to fill the remainder of the Partlow's unexpired term.[9]
^William C. Marland announced his resignation on January 30, 1952 to run for election as governor, and his resignation was effective February 1, 1952.[24] Chauncey H. Browning, Sr. was sworn in on February 1, 1952 to fill the vacancy caused by Marland's resignation.[25] Browning served in the position until August 16, 1952, at which time John G. Fox was appointed as Browning's replacement.[9][26]
^John G. Fox was appointed as the replacement for Chauncey H. Browning, Sr. on August 16, 1952, and was elected to a full term in November 1952, after which he was sworn into his full term on January 19, 1953.[9][26][27]
^Roger W. Tompkins was appointed to fill the vacancy caused by the resignation of Charlie Brown on August 21, 1989.[9]
^Mario Palumbo was elected to fill the remainder of the unexpired term of Charlie Brown.[9]
West Virginia Legislature (2011). Darrell E. Holmes, Clerk of the West Virginia Senate (ed.). "West Virginia Blue Book, 2011". West Virginia Blue Book. Charleston, West Virginia: Chapman Printing. ISSN0364-7323. OCLC1251675.
West Virginia Legislature (2012). Darrell E. Holmes, Clerk of the West Virginia Senate (ed.). "West Virginia Blue Book, 2012"(PDF). West Virginia Blue Book. Charleston, West Virginia: Chapman Printing. ISSN0364-7323. OCLC1251675. Archived from the original(PDF) on October 5, 2015. Retrieved October 5, 2015.
▌2 Unknown (2 territories) An asterisk (*) indicates that the officeholder is serving in an acting capacity. State abbreviations link to position articles.
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