The Citizen's Advocate: A Perspective on the Historical and Continuing Role of State Attorneys General
Peggy A. Lautenschlager and Daniel P. Bach
In The Citizen's Advocate: A Perspective on the Historical and Continuing Role of State Attorneys General, former Wisconsin Attorney General Peggy A. Lautenschlager and former Wisconsin Deputy Attorney General Daniel P. Bach, examine the genesis of the state attorney general's role and the sources of current authority of state attorneys general. They explain that, in contrast to what some have claimed, actions taken by progressive state attorneys general in recent years are not something new, but rather represent continuing efforts using long-established methods to fulfill their obligations to the public. The authors examine the policy reasons for the current use of existing authority, including the fact that enforcing the law is falling more often to the states as the federal government increasingly abandons that role. The paper clarifies that state attorneys general who have sometimes been accused of "activism" are in fact exercising their legitimate authority in areas traditionally either reserved to the states or where concurrent federal/state enforcement authority exists in order to serve the citizenry they represent. To illustrate their points, the authors use several examples from their experiences in Wisconsin. Finally, Lautenschlager and Bach conclude that modern state attorneys general who protect law abiding businesses, recover monies from those endangering or defrauding the public, or otherwise safeguard the rights, interests and health of citizens are simply fulfilling "the traditional role of attorneys general to enforce the law. The good people of a state expect and deserve no less."
| Attachment | Size |
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| Attorney General Powers.pdf | 243.57 KB |
