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Guardians of the Law

An in-depth exploration of Illinois' chief legal officer, their historical evolution, and their vital role in upholding state law and advocating for its citizens.

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Overview

Illinois' Chief Legal Authority

The Illinois Attorney General serves as the highest legal officer for the state of Illinois. This pivotal role involves providing comprehensive legal counsel to various state agencies, including the Governor's office and the Illinois General Assembly. The Attorney General is entrusted with the responsibility of managing all legal affairs pertinent to the state, ensuring the integrity and enforcement of Illinois law.[3]

Evolution of an Office

Established on December 3, 1818, following guidelines set forth by a state constitutional convention, the office of the Illinois Attorney General has evolved significantly. Initially an appointed position, it transitioned to an office filled by statewide election, reflecting a commitment to democratic accountability. The Attorney General's primary offices are strategically located in both Chicago and Springfield, facilitating broad reach across the state.[5]

Succession and Incumbency

The Attorney General holds a critical position in the state's leadership hierarchy, standing second in the line of succession to the Governor of Illinois, immediately after the Lieutenant Governor.[1][2] The inaugural holder of this esteemed office was Daniel Pope Cook, who served a brief but impactful eleven-day term before being elected to the United States Congress. Notably, Cook County was named in his honor. The current incumbent, Kwame Raoul, has held the office since January 14, 2019.[5]

Core Role

Advocate and Advisor

As stipulated by the Constitution of Illinois, the Attorney General functions as the state's chief legal officer, endowed with powers and duties prescribed by law. This encompasses a broad mandate to advocate vigorously for the citizens of Illinois, collaborate with the General Assembly to advance new legislation, and engage in litigation to ensure strict adherence to state laws.[3]

Statutory Responsibilities

The Attorney General Act delineates a comprehensive set of duties, underscoring the multifaceted nature of the office. These responsibilities are crucial for maintaining legal order and protecting public interests within the state:

  • Representing the people of Illinois before the Supreme Court in matters where the state or its citizens are interested parties.
  • Initiating and prosecuting all legal proceedings and actions that benefit the state.
  • Defending state officers against actions or proceedings when they are acting in their official capacities.
  • Providing consultation and advice to the state's attorneys across Illinois.
  • Investigating violations of all statutes that fall under the Attorney General's enforcement purview.

Oversight and Counsel

Beyond litigation and enforcement, the Attorney General's office plays a vital advisory role:

  • Advising the Governor and other state officers, and issuing formal written opinions on legal or constitutional matters upon request.
  • Providing written opinions to the General Assembly or its committees when requested.
  • Preparing drafts of contracts in which the state has a vested interest.
  • Attending, presenting evidence to, and prosecuting indictments issued by the statewide grand jury.
  • Ensuring the proper allocation of funds appropriated to public institutions and prosecuting any breaches of trust.[4]

Furthermore, the Attorney General oversees the Public Access Counselor, an entity responsible for enforcing the state's Freedom of Information Act and Open Meetings Act, thereby promoting transparency and accountability in government.[4]

Historical Trajectory

Founding and Early Years

The office of the Illinois Attorney General was formally established on December 3, 1818, a foundational moment in the state's legal and governmental structure. This establishment was guided by principles adopted during a state constitutional convention, reflecting the nascent state's need for a chief legal representative. The first individual to assume these responsibilities was Daniel Pope Cook, whose tenure, though brief at eleven days, marked the inception of this crucial office. Cook's subsequent election to the United States Congress and the naming of Cook County in his honor underscore his early significance in Illinois history.[5]

Periods of Change

The office experienced a period of abolition between 1848 and 1867, indicating significant shifts in the state's governmental structure and legal needs during that era. Its re-establishment marked a renewed recognition of the necessity for a dedicated chief legal officer. Over time, the method of filling the office transitioned from appointment to statewide election, a change that enhanced its democratic legitimacy and direct accountability to the citizens of Illinois.

Past and Present Officials

The following table provides a comprehensive list of individuals who have served as the Illinois Attorney General, detailing their political affiliation and terms of service.

# Name Political Party Term
1 Daniel Pope Cook Democratic-Republican 1819
2 William Mears Democratic-Republican 1819–1821
3 Samuel D. Lockwood Democratic-Republican 1821–1822
4 James Turney Democratic-Republican 1822–1829
5 George Forquer Democratic 1829–1832
6 James Semple Democratic 1832–1834
7 Ninian Wirt Edwards Democratic 1834–1835
8 Jesse B. Thomas Jr. Democratic 1835–1836
9 Walter B. Scates Democratic 1836–1837
10 Usher F. Linder Democratic 1837–1838
11 George W. Olney Democratic 1838–1839
12 Wickliffe Kitchell Democratic 1839–1840
13 Josiah Lamborn Democratic 1840–1843
14 James A. McDougall Democratic 1843–1846
15 David B. Campbell Democratic 1846–1848
Office abolished 1848–1867
16 Robert G. Ingersoll Republican 1867–1869
17 Washington Bushnell Republican 1869–1873
18 James K. Edsall Republican 1873–1881
19 James A. McCartney Republican 1881–1885
20 George Hunt Republican 1885–1893
21 Maurice T. Moloney Democratic 1893–1897
22 Edward C. Akin Republican 1897–1901
23 Howland J. Hamlin Republican 1901–1905
24 William H. Stead Republican 1905–1913
25 Patrick J. Lucey Democratic 1913–1917
26 Edward J. Brundage Republican 1917–1925
27 Oscar E. Carlstrom Republican 1925–1933
28 Otto Kerner Sr. Democratic 1932–1938
29 John Edward Cassidy Democratic 1938–1941
30 George F. Barrett Republican 1941–1949
31 Ivan A. Elliott Democratic 1949–1953
32 Latham Castle Republican 1953–1959
33 Grenville Beardsley Republican 1959–1960
34 William L. Guild Republican 1960–1961
35 William G. Clark Democratic 1961–1969
36 William J. Scott Republican 1969–1980
37 Tyrone C. Fahner Republican 1980–1983
38 Neil F. Hartigan Democratic 1983–1991
39 Roland W. Burris Democratic 1991–1995
40 Jim Ryan Republican 1995–2003
41 Lisa Madigan Democratic 2003–2019
42 Kwame Raoul Democratic 2019–present

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References

References

A full list of references for this article are available at the Illinois Attorney General Wikipedia page

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Disclaimer

Important Notice

This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.

This is not legal advice. The information provided on this website is not a substitute for professional legal consultation, advice, or representation. Always refer to official government sources, legal statutes, and consult with qualified legal professionals for specific legal questions or needs. Never disregard professional legal advice because of something you have read on this website.

The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.