The State In a few States the attorney-general is appointed by the governor or by joint ballot of both branches of the legislature, but in most of the States he is elected by popular vote. The term of office varies from one to four years, the tendency being toward the longer period, but in some cases the term of attorney-general does not coincide with that of the governor. He may be removed by impeachment or in a few cases by special process, as in New York, where on the recommendation of the governor he may be removed by a two-thirds vote of the senate; but nowhere can he be removed save for cause and on the preferring of charges, against which he shall be given an opportunity to defend himself.
As a rule all the powers and duties of the attorney-generals are not enumerated and defined by the statutes of the various States and, therefore, so far as applicable to our altered situation, jurisprudence and system of government, they are clothed with the common law powers of the attorney-generals of Eng land. The attorney-general is required, upon request, to render to the governor, legislature, department heads and other State officers, opinions upon questions of law pertaining to their work. He prosecutes offenders against State laws and defends State officers if they be sued in their official capacity; he also ap pears in Federal and State courts on behalf of the State in any case in which it may be interested or to which it is a party. He may also serve on various State boards. Owing to the confusion arising from the employment of special counsel by State boards and commis sioners, many States have prohibited this and require that the attorney-general shall conduct all the legal work of the State or at least have general supervision over it. In New York,
however, irrespective of the attorney-general, the governor may appoint a person to investi gate any State department or institution.
The Local Prosecuting each county or local district into which a State may be divided for this purpose is an officer called the district attorney, prosecuting attor ney or State's attorney, who has charge of the State's legal business in that locality. He is elected by the people of this county or district usually for a term of two or four years, and may be removed from office only after the com pletion of certain judicial or quasi-judicial pro ceedings. In New York and Minnesota he may be removed by the governor alone after hav ing had the opportunity of defending himself against the charges preferred. The governor's power is executive and not reviewable by the courts. In some States 9uo warrant° proceed ings may be instituted in the State Supreme Court by the attorney-general. The district attorney is required to advise county officials upon legal .questions concerning their official duties, and to advise the grand jury; he ex amines witnesses, draws up indictments and prosecutes all actions, civil and criminal, in the County Courts in which either the State or county may be interested or a party. While the State attorney-general may advise the prose cuting attorneys as to their duties, he seldom -possesses power of actual direction over them and is often embarrassed by a difference of opinion as to the enforcement of State laws in local districts. In some States there is no rem edy, but in New York prosecuting attorneys may be removed from office, and in Pennsyl vania these officials may be superseded by offi cers of central appointment and control. See also COURT; JUDICIARY; LAW, ADMINISTRATIVE;