2009 Elections Produce Two New Attorneys General

Two new state Attorneys General will take office as a result of the 2009 off-year elections, changing the balance between Republicans and Democrats. Specifically, the victory of Ken Cuccinelli in Virginia ensures that the Attorney General’s office will remain in the Republican column as it has since 1993. However, in New Jersey, where the Attorney General is appointed by the governor, it is expected that the New Jersey Office of Attorney General will soon be in the Republican column, following Governor-Elect Chris Christie’s (R) victory over incumbent Governor Jon Corzine (D). These results will change the proportion of Democratic to Republican Attorneys General, with Democrats now expected to hold 31 Attorney General posts and Republicans to hold 19 posts. 

VIRGINIA

In Virginia, state Senator Ken Cuccinelli (R) defeated state Delegate Steve Shannon (D) 57% to 42% to become the Commonwealth’s next Attorney General. Cuccinelli’s winning percentage virtually mirrored the results in the state’s gubernatorial election, in which former Attorney General and Governor-Elect Bob McDonnell (R) defeated state Senator Creigh Deeds (D) by a margin of 59% to 41%, a far greater margin than the 323-vote margin by which McDonnell defeated Deeds in the 2005 Attorney General race.

Cuccinelli was first elected to the state Senate in 2002. He also is a business law attorney, who serves as a general counsel to small and mid-sized companies, specializing in litigation, licensing, financing, advertising, corporate formation and acquisition. While in the Senate, he was an ardent proponent of ensuring Virginia’s position as a business-friendly state. In his campaign for Attorney General, he stressed the preservation of public safety as the “first responsibility of state government,” promising to fight against illegal drugs, identity theft and sex crimes. He also promised to maintain Virginia as “business-friendly,” by “limiting excessive litigation and maintaining a restrained legal climate.”

NEW JERSEY

In New Jersey, the victory of former U.S. Attorney Chris Christie (R) over incumbent Governor Jon Corzine (D) is expected to result in the replacement of Attorney General Anne Milgram (D). New Jersey’s Attorney General heads the state’s 9,000-person Department of Law and Safety, one of the largest agencies in the state. The department has nine divisions, including those devoted to consumer affairs, criminal justice and civil rights. In addition, the Attorney General oversees the state’s criminal justice system and police. While the post of Attorney General did not play a major role in the gubernatorial campaign, we expect two significant changes under a Governor-Elect Christie-appointed Attorney General. First, the New Jersey Attorney General is that state’s securities regulator and accordingly public companies can expect significant changes in that aspect of the office. Secondly, during the campaign, Governor-Elect Christie accused Governor Corzine of “decimating” the state’s Environmental Crimes Bureau and promised to reinstate an Office of Environmental Crimes within the Attorney General’s Office. As such, companies can expect increased activity on that front.

The Virginia and New Jersey elections set the stage for the 2010 state election cycle, in which 34 states will hold elections that will determine who will be their next Attorney General. Thirty states will directly elect their Attorneys General, while Attorneys General in three other states will be appointed by the states’ newly elected governors. Additionally, one state legislature (Maine) will choose the state’s Attorney General.