The Important Role of Attorney General

Virginia voters elect just three non-federal statewide officeholders every four years -- governor, lieutenant governor, and attorney general.  Unique to the Commonwealth is the fact that our governor cannot run for re-election after one single term.  Because lieutenant governor is largely a part-time ceremonial role, the attorney general -– who is allowed to stand for re-election -– has a potentially large stage from which to gain media coverage and advance an agenda.

While the office has wide latitude to investigate consumer fraud and environmental crime, the job is mainly to defend state agencies in civil cases.  The attorney general is Virginia's "in-house counsel" -– or at least that is how most former AGs have viewed the position.

The powers of the AG have come into sharp focus in recent months as current Attorney General Ken Cuccinelli continues to make waves in the local and national press.  So far this year, he has filed suit against the federal government to prohibit the Environment Protection Agency from regulating greenhouse gas emissions and fuel efficiency standards, and to challenge the constitutionality of recently passed healthcare legislation.  At home, he has demanded the release of University of Virginia research documents related to global warming –- an action that is being resisted by UVA on academic freedom grounds –- and issued a legal opinion stating that the Commonwealth's public universities do not have the authority to enforce anti-discrimination policies protecting gays and lesbians.

Whether or not one agrees with Mr. Cuccinelli's views, it is clear he is using the bully pulpit of his office in ways not witnessed before by longtime observers of Virginia politics.  Rather than subtly moving his interpretation of the Constitution and state code forward, he is bringing a frontal attack on contemporary wedge issues.  Historically, state attorneys general have led the charge for stricter consumer protections, proactive law enforcement techniques, and Medicaid fraud reduction, to name a few noteworthy causes.  One hopes the office is not reduced to an avenue for partisan posturing.  It will be interesting too see whether Cuccinelli's remaining three-and-a-half years will be as newsworthy as his first five months.