Constitutional Crisis in the Commonwealth: Resolving the Conflict Between Governors and Attorneys General

Authors

Michael Signer, Wilmer Cutler Pickering Hale & Dorr, LLP

Abstract

In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory model, however, the best long-term solution to Virginia's constitutional conflict lies in a statutory change by the legislature to establish a"Governor's counsel" in each state agency.

Recommended Citation

Michael Signer, Constitutional Crisis in the Commonwealth: Resolving the Conflict Between Governors and Attorneys General, 41 U. Rich. L. Rev. 43 (2006).
Available at: https://scholarship.richmond.edu/lawreview/vol41/iss1/5