John,
I’m running for Attorney General. But what exactly does the Attorney General do?

It’s a question I’ve gotten more than a few times on the campaign trail. It’s a good one, and less straightforward than many people think.

The constitution says that the Attorney General is the “chief legal officer” of the state. That means the Attorney General:
* Defends and upholds the Montana constitution in court
* Defends and upholds Montana’s laws in court

And, in practice, it means that the Attorney General has a tremendous amount of influence over how public policy in our state is reflected in the law. Should we stand up for Montana’s guarantees for protecting privacy, for individual dignity, and for a clean and healthy environment? Or should we sit those fights out?

That’s a call for the Attorney General.

It requires a serious understanding of our constitution. It requires skill in advocacy. And it requires a fearless commitment to the rule of law over politics.

The Attorney General also oversees the Montana Highway Patrol and DCI (crucial law enforcement agencies), the Motor Vehicle Division (have you tried getting an appointment lately?), the consumer protection division (we’ll have a lot to say about this in a future email), the Natural Resources Damage Program (critical), the crime lab, victim and missing persons services, gambling control, and several other units, like a group of prosecutors that help counties out with complex criminal cases.

Just as important: what the Attorney General isn’t.

The Attorney General is not:
* A county attorney. In Montana, the vast majority of criminal prosecution happens in cities and counties. As it should. So when you hear candidates making promises about who they’ll put in jail, remember: the Attorney General defends these cases on appeal, but only initiates line prosecutions in a very limited number of cases.
* A legislator or member of Congress. The Attorney General is your lawyer. They do not vote yes or no on bills. So when you hear candidates promising the moon--and things that will require a change in the law--they may be running for the wrong office!

In a word, the Attorney General is your lawyer. And you should vote like you’re hiring a lawyer.

When the stakes are high, will this candidate represent you as a lawyer, not a politician? Does this candidate have a record of success in the biggest and most complicated courtroom fights? And do I trust that this candidate shares my values, and will look out for me?

Those are the questions I hope we ask of all our Attorney General candidates.

-Raph
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