Missouri Attorney General
Encyclopedia
The Office of the Missouri Attorney General was created in 1806 when Missouri was part of the Louisiana Territory
. Missouri's first Constitution in 1820 provided for an appointed Attorney General, but since the 1865 Constitution, the Attorney General
has been elected. To date there have been 41 attorneys general in Missouri.
By law, the attorney general is a member of the Board of Fund Commissioners, the Board of Public Buildings, the Governor's Committee on Interstate Cooperation, the Missouri Highway Reciprocity Commission and the Missouri Housing Development Commission.
Offices of the Attorney General are located throughout the state of Missouri
with the main office being in the Supreme Court building in Jefferson City.
As the state's chief legal officer, the attorney general must prosecute or defend all appeals to which the state is a party, including every felony criminal case appealed to the Supreme Court of Missouri
and Missouri Court of Appeals
. The attorney general also is required to institute, in the name and on behalf of the state, all civil suits and other proceedings that are necessary to protect the state's rights, interests or claims. The attorney general may appear, interplead, answer or defend any proceedings that involve the state's interests, or appear on behalf of the state in declaratory judgment proceedings when the constitutionality of a statute is challenged.
The attorney general also renders official opinions to the executive and legislative branch and the county prosecuting attorneys on questions of law relating to their duties. The attorney general may institute quo warranto
proceedings against anyone unlawfully holding office or move to oust any public official for malfeasance in office.
To fulfill these and other responsibilities, the attorney general's office is organized into nine divisions.
Attorneys shall take legal action to stop pollution of the state's air, water and soil and penalize polluters through fines, penalties and, in the most serious cases, incarceration.
The Attorney General has taken action in recent years to protect the state's interests in management of the Missouri River
. Legal battles over the Missouri River often pit Missouri against states that are upstream (specifically North Dakota
and South Dakota
) and the U.S. Army Corps of Engineers.
Beginning in 2006, the Attorney General became involved in the controversial Taum Sauk reservoir disaster when, as special prosecutor, he filed a lawsuit against the state's largest utility company asking it be ordered to pay compensation and punitive damages after the release of more than a billion gallons of water from the ruptured mountain-top reservoir caused extensive damage to the nearby east fork of the Black River and Johnson Shut-ins State Park
Other legal battles have included the waterways of the White River basin and Missouri's Church Mountain.
Consumers may file complaints against businesses and individuals with the Attorney General. More than 90,000 consumer complaints and inquiries each year are submitted to the Attorney General. Many of those complaints are resolved through mediation by the AG. In cases where a companies' actions have been determined to be in violation of Missouri's consumer protection law, complaints lead to legal action. Some complaints are frivolous. Missouri residents may file complaints against any business entity and non-Missouri residents may file complaints against Missouri businesses. Complaints are available for searching by the public.
Under the Missouri Antitrust Law, the attorney general has the authority to represent the state or any of its political subdivisions, public agencies, school districts or municipalities in actions to prohibit monopolies and trade restraints. The attorney general also may act under federal antitrust statutes to bring civil actions in the name of the state and on behalf of Missouri residents to recover damages for injuries caused by certain antitrust violations.
The attorney general is the state's chief prosecutor for securities fraud, and may initiate legal actions for civil injunctive relief, penalties and restitution under the Missouri Merchandising Practices Law. Attorneys in this division also protect Missourians by enforcing compliance with state laws by trusts, foundations and nonprofit corporations.
The Attorney General also administers Missouri's No Call program. The No Call program was designed to reduce unwanted telemarketing calls and has become a model for other states. Persons may register Missouri residential phone lines, lookup whether a phone number has been registered and file a complaint against a telemarketer.
The division also has an active consumer education program. The Attorney General's Office has many publications for consumers on topics ranging from adoption to landlord-tenant law and also offers a general guide to consumer entitled, "Know Your Rights". All publications may be ordered and the cost is free.
The Missouri Attorney General was the first Attorney General in the United States to blog. That blog is a consumer education blog published by members of the Consumer Protection division and is part of a larger consumer education effort that includes a consumer encyclopedia, online calculators, quizzes and worksheets.
The division provides legal representation to several state agencies, including the departments of Health and Senior Services, Revenue and Social Services; the Missouri Ethics Commission; and more than 30 professional licensing boards, including the Board of Registration for the Healing Arts, which regulates the practice of medicine.
Division attorneys enforce the provisions of the tobacco Master Settlement Agreement
, which has brought in more than $1.2 billion to the state as of 2007. Attorneys in the division also address questions from the public, from government officials and from the media about Missouri's open meetings and records law, commonly known as the Sunshine Law.
.
The workers' compensation fraud unit prosecutes fraud or misconduct involving workers' compensation, and the Medicaid fraud control unit prosecutes cases involving fraud of the state Medicaid program by health professionals, or abuse or neglect of Medicaid recipients by caregivers.
The division's high technology and computer crime unit assists local law enforcement with investigations and prosecutions of computer and Internet crime cases.
The sexually violent predator unit seeks the civil commitment of sexual predators who suffer from a mental abnormality making them more likely than not to commit additional predatory acts of sexual violence.
Attorneys in the division also serve as legal counsel for the Department of Public Safety, the Missouri State Highway Patrol, the Missouri State Water Patrol and other state law enforcement agencies, and represent those agencies in all civil litigation in which they are a party.
Division attorneys also defend the state in all habeas corpus actions filed by prison inmates in state and federal courts. Each year they litigate some 500 federal habeas corpus actions in the federal district courts, the Eighth Circuit Court of Appeals
, and the U.S. Supreme Court.
Louisiana Territory
The Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805 until June 4, 1812, when it was renamed to Missouri Territory...
. Missouri's first Constitution in 1820 provided for an appointed Attorney General, but since the 1865 Constitution, the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
has been elected. To date there have been 41 attorneys general in Missouri.
By law, the attorney general is a member of the Board of Fund Commissioners, the Board of Public Buildings, the Governor's Committee on Interstate Cooperation, the Missouri Highway Reciprocity Commission and the Missouri Housing Development Commission.
Offices of the Attorney General are located throughout the state of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
with the main office being in the Supreme Court building in Jefferson City.
Attorney for the State
The Missouri Attorney General is the attorney for the state, representing the legal interests of Missouri and its state agencies.As the state's chief legal officer, the attorney general must prosecute or defend all appeals to which the state is a party, including every felony criminal case appealed to the Supreme Court of Missouri
Supreme Court of Missouri
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear -...
and Missouri Court of Appeals
Missouri Court of Appeals
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court handles most of the appeals from the Missouri Circuit Courts. The court is divided into three districts: Eastern The Missouri Court of Appeals is the intermediate appellate court for the state...
. The attorney general also is required to institute, in the name and on behalf of the state, all civil suits and other proceedings that are necessary to protect the state's rights, interests or claims. The attorney general may appear, interplead, answer or defend any proceedings that involve the state's interests, or appear on behalf of the state in declaratory judgment proceedings when the constitutionality of a statute is challenged.
The attorney general also renders official opinions to the executive and legislative branch and the county prosecuting attorneys on questions of law relating to their duties. The attorney general may institute quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
proceedings against anyone unlawfully holding office or move to oust any public official for malfeasance in office.
To fulfill these and other responsibilities, the attorney general's office is organized into nine divisions.
Agriculture and Environment Division
The mission of the Agriculture and Environment Division is to "protect Missouri's natural resources and agricultural productivity."Attorneys shall take legal action to stop pollution of the state's air, water and soil and penalize polluters through fines, penalties and, in the most serious cases, incarceration.
The Attorney General has taken action in recent years to protect the state's interests in management of the Missouri River
Missouri River
The Missouri River flows through the central United States, and is a tributary of the Mississippi River. It is the longest river in North America and drains the third largest area, though only the thirteenth largest by discharge. The Missouri's watershed encompasses most of the American Great...
. Legal battles over the Missouri River often pit Missouri against states that are upstream (specifically North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
and South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
) and the U.S. Army Corps of Engineers.
Beginning in 2006, the Attorney General became involved in the controversial Taum Sauk reservoir disaster when, as special prosecutor, he filed a lawsuit against the state's largest utility company asking it be ordered to pay compensation and punitive damages after the release of more than a billion gallons of water from the ruptured mountain-top reservoir caused extensive damage to the nearby east fork of the Black River and Johnson Shut-ins State Park
Other legal battles have included the waterways of the White River basin and Missouri's Church Mountain.
Consumer Protection Division
The attorney general has the responsibility of protecting the public's interests in an open and honest marketplace. The Consumer Protection Division enforces Missouri's Consumer Protection Act and antitrust laws, and has the responsibility of representing the commissioner of securities of the secretary of state's office. Missouri's consumer protection statutes prohibit deception, fraud, unfair practices and misrepresentation or concealment of material facts in the sale or advertisement of goods or services. These laws authorize the attorney general to take action against such fraud and ensure that consumers' rights are protected.Consumers may file complaints against businesses and individuals with the Attorney General. More than 90,000 consumer complaints and inquiries each year are submitted to the Attorney General. Many of those complaints are resolved through mediation by the AG. In cases where a companies' actions have been determined to be in violation of Missouri's consumer protection law, complaints lead to legal action. Some complaints are frivolous. Missouri residents may file complaints against any business entity and non-Missouri residents may file complaints against Missouri businesses. Complaints are available for searching by the public.
Under the Missouri Antitrust Law, the attorney general has the authority to represent the state or any of its political subdivisions, public agencies, school districts or municipalities in actions to prohibit monopolies and trade restraints. The attorney general also may act under federal antitrust statutes to bring civil actions in the name of the state and on behalf of Missouri residents to recover damages for injuries caused by certain antitrust violations.
The attorney general is the state's chief prosecutor for securities fraud, and may initiate legal actions for civil injunctive relief, penalties and restitution under the Missouri Merchandising Practices Law. Attorneys in this division also protect Missourians by enforcing compliance with state laws by trusts, foundations and nonprofit corporations.
The Attorney General also administers Missouri's No Call program. The No Call program was designed to reduce unwanted telemarketing calls and has become a model for other states. Persons may register Missouri residential phone lines, lookup whether a phone number has been registered and file a complaint against a telemarketer.
The division also has an active consumer education program. The Attorney General's Office has many publications for consumers on topics ranging from adoption to landlord-tenant law and also offers a general guide to consumer entitled, "Know Your Rights". All publications may be ordered and the cost is free.
The Missouri Attorney General was the first Attorney General in the United States to blog. That blog is a consumer education blog published by members of the Consumer Protection division and is part of a larger consumer education effort that includes a consumer encyclopedia, online calculators, quizzes and worksheets.
Criminal Division
The attorney general represents the state in every felony case appealed to the Supreme Court of Missouri and Missouri Court of Appeals. Each year, attorneys in the Criminal Division brief and argue more than 700 cases in the Missouri Court of Appeals and the Supreme Court of Missouri. Division attorneys also assist with extraditions to and from Missouri of those charged in criminal cases.Financial Services Division
The Financial Services Division protects Missourians by recouping money owed to the state or state agencies, including providing collection services to several divisions of the attorney general's office and more than 40 other state agencies. Division attorneys also take legal action to establish and maintain child support obligations, and work to recover money owed by inmates to reimburse the state for the cost of their care.Governmental Affairs Division
The Governmental Affairs Division "protects the safety and well-being of Missourians by ensuring that regulated professionals adhere to state laws and disciplinary rules, by enforcing state ethics and campaign finance laws, and by removing caregivers who abuse or neglect vulnerable citizens". It also charged with helping mentally ill and physically challenged Missourians obtain guardians to help get care. Division attorneys also help Missourians seek redress for claims of discrimination based on race, color, religion, national origin, ancestry, gender, disability, age and familial status.The division provides legal representation to several state agencies, including the departments of Health and Senior Services, Revenue and Social Services; the Missouri Ethics Commission; and more than 30 professional licensing boards, including the Board of Registration for the Healing Arts, which regulates the practice of medicine.
Division attorneys enforce the provisions of the tobacco Master Settlement Agreement
Master Settlement Agreement
The Tobacco Master Settlement Agreement was entered in November 1998, originally between the four largest US tobacco companies and the attorneys general of 46 states...
, which has brought in more than $1.2 billion to the state as of 2007. Attorneys in the division also address questions from the public, from government officials and from the media about Missouri's open meetings and records law, commonly known as the Sunshine Law.
Labor Division
The Labor Division provides general counsel and litigation services for the Missouri Department of Labor and Industrial Relations and its officers and agencies. The division also represents the state in prevailing wage disputes, crime victims' claims and workers' compensation cases of state employees, including claims involving the Second Injury Fund.Litigation Division
Litigation Division attorneys handle major and complex litigation for Missouri, providing legal defense to state agencies and their employees. Cases in the division include damage claims, contract actions, class‑action lawsuits, employment issues, constitutional challenges and other types of civil litigation. The division also defends the state in lawsuits brought by inmates of Missouri's correctional facilities. Division attorneys also defend constitutional challenges to state laws and ballot issues.Public Safety Division
The Public Safety Division is involved in a wide range of criminal prosecutions at the trial level. The division's special prosecution unit prosecutes or assists in the prosecution of cases throughout Missouri, many of them homicide cases. In 2006, division attorneys handled 794 special prosecutions in 94 of the state's 114 counties. The meth prosecution unit specializes in handling criminal cases involving the manufacture, sale or possession of methamphetamineMethamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
.
The workers' compensation fraud unit prosecutes fraud or misconduct involving workers' compensation, and the Medicaid fraud control unit prosecutes cases involving fraud of the state Medicaid program by health professionals, or abuse or neglect of Medicaid recipients by caregivers.
The division's high technology and computer crime unit assists local law enforcement with investigations and prosecutions of computer and Internet crime cases.
The sexually violent predator unit seeks the civil commitment of sexual predators who suffer from a mental abnormality making them more likely than not to commit additional predatory acts of sexual violence.
Attorneys in the division also serve as legal counsel for the Department of Public Safety, the Missouri State Highway Patrol, the Missouri State Water Patrol and other state law enforcement agencies, and represent those agencies in all civil litigation in which they are a party.
Division attorneys also defend the state in all habeas corpus actions filed by prison inmates in state and federal courts. Each year they litigate some 500 federal habeas corpus actions in the federal district courts, the Eighth Circuit Court of Appeals
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
, and the U.S. Supreme Court.
Notable attorneys general from Missouri
- Chris Koster (2009–present) – Attorney General of Missouri since January, 2009
- Jay NixonJay NixonJeremiah Wilson "Jay" Nixon, Sr. is the 55th and current Governor of the U.S. state of Missouri. A member of the Democratic Party, he previously served as Missouri's Attorney General before his election in 2008.-Political career:...
(1993–2009) – longest serving at 16 years, Governor of Missouri - John AshcroftJohn AshcroftJohn David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
(1977–1985) – Attorney General of the United States, United States Senator, Governor of Missouri - John DanforthJohn DanforthJohn Claggett "Jack" Danforth is a former United States Ambassador to the United Nations and former Republican United States Senator from Missouri. He is an ordained Episcopal priest. Danforth is married to Sally D. Danforth and has five adult children.-Education and early career:Danforth was born...
(1969–1977) – United States Ambassador to the United NationsUnited States Ambassador to the United NationsThe United States Ambassador to the United Nations is the leader of the U.S. delegation, the U.S. Mission to the United Nations. The position is more formally known as the "Permanent Representative of the United States of America to the United Nations, with the rank and status of Ambassador...
, United States Senator - Thomas EagletonThomas EagletonThomas Francis Eagleton was a United States Senator from Missouri, serving from 1968–1987. He is best remembered for briefly being the Democratic vice presidential nominee under George McGovern in 1972...
(1961–1965) – Democratic Vice Presidential Nominee, United States Senator - John M. DaltonJohn M. DaltonJohn Montgomery Dalton was a Democratic politician from the state of Missouri. He was the 45th Governor of Missouri and the states' 34th Attorney General.-Personal history:...
(1953–1961) – Governor of Missouri - Herbert S. HadleyHerbert S. HadleyHerbert Spencer Hadley was an American lawyer and a Republican Party politician from St. Louis, Missouri. Born in Olathe, Kansas, he was Missouri Attorney General from 1905 to 1909 and was the 32nd Governor of Missouri from 1909 to 1913. As Attorney General, he successfully prosecuted Standard Oil...
(1905–1909) – Governor of Missouri and chancellor of Washington University in St. LouisWashington University in St. LouisWashington University in St. Louis is a private research university located in suburban St. Louis, Missouri. Founded in 1853, and named for George Washington, the university has students and faculty from all fifty U.S. states and more than 110 nations... - Thomas Theodore CrittendenThomas Theodore CrittendenThomas Theodore Crittenden was a United States colonel during the American Civil War, and served as the 24th Governor of Missouri from 1881 to 1885.-Early life and education:...
(1864) – Governor of Missouri who authorized a reward for the capture of Jesse JamesJesse JamesJesse Woodson James was an American outlaw, gang leader, bank robber, train robber, and murderer from the state of Missouri and the most famous member of the James-Younger Gang. He also faked his own death and was known as J.M James. Already a celebrity when he was alive, he became a legendary... - J. Proctor KnottJ. Proctor KnottJames Proctor Knott was a U.S. Representative from Kentucky and served as the 29th Governor of Kentucky from 1883 to 1887. Born in Kentucky, he moved to Missouri in 1850 and began his political career there...
(1858–1861) – Governor of KentuckyGovernor of KentuckyThe Governor of the Commonwealth of Kentucky is the head of the executive branch of government in the U.S. state of Kentucky. Fifty-six men and one woman have served as Governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once... - Edward BatesEdward BatesEdward Bates was a U.S. lawyer and statesman. He served as United States Attorney General under Abraham Lincoln from 1861 to 1864...
(1820–1821) – Attorney General of the United States for Abraham LincolnAbraham LincolnAbraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...