Attorney General of West Virginia
The Great Seal of the State of West Virginia
Incumbent
Patrick Morrisey
since January 14, 2013
StyleThe Honorable
SeatBuilding 1, Room E-26
West Virginia Capitol Complex
Charleston, West Virginia[1]
Term lengthFour years, no term limit
Inaugural holderAquilla B. Caldwell
FormationJune 20, 1863
Salary$95,000 per year (2012)
Websitewww.ago.wv.gov

The attorney general of West Virginia is the chief legal advisor to the West Virginia state government and is the state's chief law enforcement officer. The office was created by Article VII, Section 1 of the first Constitution of West Virginia in 1863.[2][3] Under the current state constitution (1872), the attorney general is an executive department-level state constitutional officer, along with the governor, secretary of state, auditor, treasurer, and commissioner of agriculture.[4] The attorney general is the ex officio reporter of the Supreme Court of Appeals of West Virginia.[4] The constitution further specifies that the attorney general shall reside in the seat of state government, Charleston, during their term of office.[4] In Charleston, they are to maintain public records, books, and papers pertaining to their office, and perform all duties prescribed by state law.[4] As of 2012, the attorney general receives a salary of $95,000 per year.[2]

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 1993–2013, 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

No. Attorney General[9] Term[lower-alpha 1] Party[9] County of residence[9]
Start End
1 Aquilla B. Caldwell[lower-alpha 2] June 20, 1863 December 31, 1864 Republican Ohio
2 Ephraim B. Hall January 1, 1865 December 31, 1865 Republican Marion
3 Edwin Maxwell[lower-alpha 3] January 1, 1866 December 31, 1866 Republican Harrison
4 Thayer Melvin January 1, 1867 July 1, 1869 Republican Ohio
5 Aquilla B. Caldwel[lower-alpha 4] July 2, 1869 December 31, 1870 Republican Ohio
6 Joseph Sprigg January 1, 1871 December 31, 1872 Democratic Hampshire
7 Henry M. Mathews January 1, 1873 March 3, 1877 Democratic Greenbrier
8 Robert White March 4, 1877 March 3, 1881 Democratic Hampshire
9 Cornelius Clarkson Watts March 4, 1881 March 3, 1885 Democratic Kanawha
10 Alfred Caldwell Jr. March 4, 1885 March 3, 1893 Democratic Ohio
11 Thomas S. Riley March 4, 1893 March 3, 1897 Democratic Ohio
12 Edgar P. Rucker March 4, 1897 March 3, 1901 Republican McDowell
13 Romeo H. Freer March 4, 1901 March 3, 1905 Republican Ritchie
14 Clark W. May March 4, 1905 April 25, 1908 Republican Lincoln
15 William G. Conley[lower-alpha 5] May 9, 1908 March 3, 1913 Republican Preston
16 Armistead Abraham Lilly March 4, 1913 March 3, 1917 Republican Raleigh
17 Edward T. England March 4, 1917 March 3, 1925 Republican Logan
18 Howard B. Lee March 4, 1925 March 3, 1933 Republican Mercer
19 Homer A. Holt March 4, 1933 January 18, 1937 Democratic Fayette
20 Clarence W. Meadows[lower-alpha 6] January 18, 1937 May 16, 1942 Democratic Raleigh
21 William S. Wysong[lower-alpha 6] May 25, 1942 January 13, 1943 Democratic Webster
22 James Kay Thomas[lower-alpha 7] January 13, 1943 January 15, 1945 Democratic Kanawha
23 Ira J. Partlow[lower-alpha 8] January 15, 1945 November 7, 1949 Democratic McDowell
24 William C. Marland[lower-alpha 8] December 1, 1949 February 1, 1952 Democratic Wyoming
25 Chauncey Browning Sr.[lower-alpha 9] February 1, 1952 August 16, 1952 Democratic Logan
26 John G. Fox[lower-alpha 10] August 16, 1952 January 14, 1957 Democratic Fayette
27 Wally Barron January 14, 1957 January 16, 1961 Democratic Randolph
28 C. Donald Robertson January 16, 1961 January 13, 1969 Democratic Harrison
29 Chauncey H. Browning Jr. January 13, 1969 January 14, 1985 Democratic Logan
30 Charlie Brown January 14, 1985 August 21, 1989 Democratic Kanawha
31 Roger W. Tompkins[lower-alpha 11] September 5, 1989 January 14, 1991 Democratic Kanawha
32 Mario Palumbo[lower-alpha 12] January 14, 1991 January 18, 1993 Democratic Kanawha
33 Darrell McGraw January 18, 1993 January 14, 2013 Democratic Wyoming
34 Patrick Morrisey January 14, 2013 Incumbent Republican Jefferson

References

Explanatory notes

  1. ↑ 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]
  2. ↑ Aquilla B. Caldwell was elected attorney general on May 28, 1863, but did not take office until statehood on June 20, 1863.[16][17]
  3. ↑ 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]
  4. ↑ Aquilla B. Caldwell was appointed to fill the vacancy caused by the resignation of Thayer Melvin on July 1, 1869.[9]
  5. ↑ 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]
  6. 1 2 William 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]
  7. ↑ 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]
  8. 1 2 Ira 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]
  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]
  10. ↑ 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]
  11. ↑ Roger W. Tompkins was appointed to fill the vacancy caused by the resignation of Charlie Brown on August 21, 1989.[9]
  12. ↑ Mario Palumbo was elected to fill the remainder of the unexpired term of Charlie Brown.[9]

Citations

  1. ↑ "Office of the West Virginia Attorney General: Contact Us". Office of the West Virginia Attorney General. Archived from the original on October 5, 2015. Retrieved October 5, 2015.
  2. 1 2 3 4 5 6 West Virginia Legislature 2012, p. 28.
  3. ↑ Constitution of West Virginia (1863) Article VII, § 1.
  4. 1 2 3 4 5 6 Constitution of West Virginia (1872) Article VII, § 1. Executive department.
  5. 1 2 Constitution of West Virginia (1872) Article IV, § 4. Persons entitled to hold office -- Age requirements.
  6. ↑ Constitution of West Virginia (1872) Article VII, § 2. Election.
  7. ↑ Constitution of West Virginia (1872) Article VII, § 17. Vacancies in other executive departments.
  8. 1 2 Lewis 1912, p. 407.
  9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 West Virginia Legislature 2011, p. 328.
  10. ↑ King, Joselyn (November 9, 2012). "New A.G. Calling For Audit: Morrisey wants to see how McGraw spent". The Wheeling Intelligencer and News-Register. Wheeling, West Virginia. Archived from the original on October 5, 2015. Retrieved October 5, 2015.
  11. ↑ Harold, Zack (January 25, 2013). "Meet Patrick Morrisey, West Virginia's new attorney general". Charleston Daily Mail. Charleston, West Virginia. Archived from the original on October 5, 2015. Retrieved October 5, 2015.
  12. ↑ McVey, John (January 15, 2013). "Morrisey sworn in as attorney general: Becomes first person from Jefferson County elected to the office". The Journal. Martinsburg, West Virginia. Archived from the original on October 5, 2015. Retrieved October 5, 2015.
  13. ↑ "West Virginia: Past Governors Bios". National Governors Association. Archived from the original on October 5, 2015. Retrieved October 5, 2015.
  14. ↑ Atkinson & Gibbens 1890, pp. 37–38.
  15. ↑ West Virginia Attorney General's Office 1918, p. 3.
  16. ↑ West Virginia Legislature 1916, p. 313.
  17. ↑ "Latest by Telegraph: West Virginia". Civilian & Telegraph. Cumberland, Maryland. June 25, 1863. p. 2. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Chronicling America.
  18. 1 2 "Wysong Named to Attorney General Post". The Raleigh Register. Beckley, West Virginia. May 24, 1942. p. 1. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  19. 1 2 "West Virginia Staff Changes Announced". The Evening Review. East Liverpool, Ohio. May 19, 1942. p. 2. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  20. ↑ "Meadows Will Preside Over Court Monday". The Raleigh Register. Beckley, West Virginia. May 17, 1942. p. 1. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  21. 1 2 "Supreme Court Orders Wysong To Explain Why He Doesn't Quit As Attorney General". The Raleigh Register. Beckley, West Virginia. January 14, 1943. p. 1. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  22. ↑ "W. Va. Attorney General Ira J. Partlow Resigns". The Cumberland News. Cumberland, Maryland. November 8, 1949. p. 2. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  23. ↑ "Glen Rogers Man To Become State Attorney General". Beckley Post-Herald. Beckley, West Virginia. November 8, 1949. p. 2. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  24. ↑ "Marland Out For Governor: State Atty. Gen. Quits To Conduct Campaign". Charleston Daily Mail. Charleston, West Virginia. January 31, 1952. p. 1. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  25. ↑ "Patteson Fills Marland Post: Oath Administered to Logan Attorney". Charleston Daily Mail. Charleston, West Virginia. February 1, 1952. p. 1. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  26. 1 2 "Judicial Conventions Will be Set Saturday". The Raleigh Register. Beckley, West Virginia. August 21, 1952. p. 1. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon
  27. ↑ Mangelsdorf, Phil (January 18, 1953). "Eyes of State Focus on Marland's Inauguration". The Raleigh Register. Vol. 73, no. 178. Beckley, West Virginia. p. 1. Archived from the original on October 6, 2015. Retrieved October 5, 2015 – via Newspapers.com. Open access icon

Bibliography

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