The attorney general of Mississippi is a statewide elected office in the U.S. state of Mississippi. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and bringing lawsuits on behalf of the state. They serve a four-year term with no term limits.
The office was created by 1817 Constitution of Mississippi as a legislatively-elected position with a one-year term. In 1832 the office was made popularly-elective and the term was extended. All attorneys general from 1878 to 2020 were Democrats. The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020.
History The 1817 Constitution of Mississippi provided for an attorney general to be elected by the Mississippi State Legislature for a one-year term. The legislature elected Mississippi's first attorney general, Lyman Harding, on January 21, 1818. Under the constitution of 1832, the term was extended to four years and the officer was made popularly-elective.
The 1890 state constitution maintained the attorney general of Mississippi as a popularly-elected executive official with a four-year term. The document also made the officer an ex officio member of the State Board of Education. In 1982 the constitution was amended, removing the attorney general from the board effective July 1, 1984. From 1878 until 2020, all Mississippi attorneys general were Democrats. The incumbent attorney general, Republican Lynn Fitch, was sworn-in to office on January 9, 2020. She is the first woman to hold the position.
Powers and responsibilities Like the seats in the Mississippi State Legislature and the other seven statewide-elected offices, the Mississippi attorney general is popularly elected every four years in the November preceding a United States presidential election year. There are no term limits for the holder of the office. Candidates for the office must meet the same constitutional qualifications as candidates for circuit court and chancery court judges; they must be at least 26 years old, have lived in the state for at least five years, and have practiced law for at least five years. The attorney general's salary is determined by law. It is currently fixed at $108,960 per year, but is set to increase to $150,000 annually in 2024.
The attorney general is the chief legal officer of the state and serves as the state's lawyer, representing its agencies, boards, and commissions in legal capacities. The attorney general's office also represents district attorneys and local judges in civil litigation, though it is forbidden by law from providing counsel to defendants in criminal cases. Only their office can bring or defend a lawsuit on behalf of the state, though they may retain private counsel to work on their own behalf in such instances. They are also empowered to appoint special investigations and prosecutors to try criminal cases on behalf of the state, and may—at their own discretion—assume responsibility for the prosecution of a crime in the event a local district attorney recuses themselves from proceedings. The attorney general is responsible for appointing the state's solicitor general. They are empowered by law to issue advisory opinions on questions of state law to statewide elected officials, legislators, state agencies, judges, and some local officials. They can also exercise powers under common law.
The Office of the Attorney General of Mississippi is split into 16 divisions. The main facilities of the attorney general and their staff are located in Jackson, though a satellite office is maintained in Biloxi and another is planned to be opened in Oxford. As of February 2023, the agency employs about 300 people, including attorneys and law enforcement officers.
List of attorneys general + Attorney GeneralTerm in officePartySource1Lyman Harding18181820Democrat-Republican2Edward Turner18201821Democrat-Republican3Thomas Buck Reed18211825Democrat-Republican4Richard Stockton18251828Jacksonian Democrat5George Adams18281829Jacksonian Democrat6Robert H. Buckner18291830Democratic7R. M. Gaines18301834Democratic8M. D. Patton18341837Democratic9T. F. Collins18371841Democratic10John D. Freeman18411850Democratic11David C. Glenn18501857Democratic12T. J. Wharton18571865Democratic13Charles E. Hooker18651868Democratic14Jasper Myers18681870Democratic15Joshua S. Morris18701874Republican16George E. Harris18741878Republican17Thomas C. Catchings18781885Democratic18Thomas S. Ford18851886Democratic19T. Marshall Miller18861893Democratic20Frank Johnston18931896Democratic21Wiley N. Nash18961900Democratic22Monroe McClurg19001903Democratic23William Williams19031907Democratic25Robert Virgil Fletcher19071908Democratic26J. Bowman Sterling19081910Democratic27Shepherd Spencer Hudson19101912Democratic28Ross A. Collins19121920Democratic29Frank Roberson19201923Democratic30Clayton D. Potter19231924Democratic31Rush Hightower Knox19241928Democratic32 George T. Mitchell19281932Democratic33Greek Lent Rice19321950Democratic34James P. Coleman19501956Democratic35Joseph Turner Patterson19561969Democratic36A. F. Summer19691980Democratic37William Allain19801984Democratic38Edwin L. Pittman19841988Democratic39Mike Moore19882004Democratic40Jim Hood20042020Democratic41Lynn Fitch2020presentRepublican
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External links Mississippi Attorney General articles at ABA Journal News and Commentary at FindLaw Press releases at Mississippi Attorney General