JEFFERSON CITY, Mo. – The Missouri attorney general’s office is widely seen as a stepping stone to the governorship, and the AG serves as the chief legal representative for the state. The office holds a lot of power, but would it surprise you that the specific duties of the attorney general are not actually outlined in state law?
“The duties of the attorney general are not present any place in the Constitution or the state statutes,” Rep. Jay Barnes, R-Jefferson City, said.
While the Missouri Constitution clarifies duties for each other executive statewide elected office, it contains nothing for the attorney general, namely because the position was not originally an elected position. Until 1865, the attorney general was appointed by the governor, as the U.S. Attorney General is appointed by the President.
Now, Barnes wants to change that with HB 2586, which would specify the duties and qualifications for the office.
Specifically those duties dictate that the AG serve as the chief legal officer of the state of Missouri; defend constitutional challenges to the validity of state laws; enforce civil laws including; defend the state’s interest in civil actions; defend criminal appeals of felony convictions; and bring and defend lawsuits on behalf of the state and its citizens.
Additionally, it would mandate that the candidate for the office has tried cases, either civil or criminal, in a Missouri court of law.
“I would think most of the people would want Missouri’s attorney generals to have real-world experience,” Barnes said. “Anyone hiring an attorney wants someone with experience. Missouri’s attorney general is the head of the government department that represents the people of the state of Missouri that person ought to have some experience, even just the tiniest experience in an actual Missouri court room.
“The attorney general’s office is no place to learn on the job. A legal rookie should not be entrusted with death penalty cases, protecting Missouri consumers or fighting against the federal government.”
Barnes does not expect too much reproach to the bill, and it has yet to be referred to committee. However, should the bill pass, it could have implications for this year’s race for attorney general as the law would go into effect on Aug. 28 of this year.
While Sen. Kurt Schaefer and former Cass County prosecutor Teresa Hensley have prosecuted cases and St. Louis County Assessor Jake Zimmerman has worked as assistant attorney general under then-AG Jay Nixon, University of Missouri law professor Josh Hawley made his name by working for the Becket Fund in Washington D.C. and worked on Supreme Court cases. However, the qualifications for office in Barnes’ bill explicitly pertain to practice in Missouri, which is a bit more ambiguous in Hawley’s case.
Case.net files reveal Hawley has acted as his own representation in small cases and he is in good standing with the Supreme Court of Missouri, but his campaign could not be reached to determine if he fulfilled the new qualifications of the office Barnes’ bill would mandate.
Updated Feb. 25, 12:44 p.m.: Added information regarding the 2016 attorney general’s race
