The New State Attorneys General: Profiles and Priorities

2 minute read
January.09.2023

In the 2022 midterm elections, 31 states had contested Attorneys General elections, producing 14 new state AGs. In addition, there are three other new AGs, in Hawaii, Missouri, and Pennsylvania, for a total of 17 new state AGs. The Arizona AG race was decided by just 510 votes, triggering an automatic recount. On December 29, 2022, Judge Timothy Thomason confirmed that Kris Mayes won the race for attorney general by a 280-vote margin. In Missouri, AG Eric Schmitt was elected to the U.S. Senate; his successor recently was appointed by the Governor to fill out his term. In Pennsylvania, AG Shapiro was elected governor and First Deputy Attorney General Michelle Henry (a former Republican county district attorney) will begin serving as AG when she is sworn in on January 17, 2023. In Hawaii, Gov. Green announced that health care executive Anne Lopez will become attorney general after former AG Holly Shikada’s term expired in December 2022.

Below, you will find a table summarizing all of these changes. It is one of several charts that are included in the Orrick Public Policy Group's report, "The New State Attorneys General: Profiles and Priorities.” The report provides an overview of each new AG's background and a summary of their stated priorities as their states' top legal officers. The report is easy to navigate: use the bookmarks feature in your PDF app or simply click on the new AG's name in the table of contents.

State AGs are more active and influential than ever, and it's crucial to know who they are and how they're prioritizing their offices' resources. We hope this report will be a useful resource for your colleagues and you.

State	Incumbent	Open Seat?	Newly Elected
Arizona	Mark Brnovich	Yes	Kris Mayes
Arkansas	Leslie Rutledge	Yes	Tim Griffin
Hawaii	Holly Shikada	Yes	Anne Lopez^[1]
Idaho	Lawrence Wasden	No	Rául Labrador
Iowa	Tom Miller	No	Brenna Bird
Kansas	Derek Schmidt	Yes	Kris Kobach
Maryland	Brian Frosh	Yes	Anthony Brown
Massachusetts	Maura Healey	Yes	Andrea Campbell
Missouri	Eric Schmitt	Yes	Andrew Bailey^[2]
Nebraska	Doug Peterson	Yes	Mike Hilgers
New Mexico	Hector Balderas	Yes	Rául Torrez
North Dakota	Wayne Stenehjem	Yes	Drew Wrigley^[3]
Oklahoma	John O'Connor	No	Gentner Drummond
Pennsylvania	Josh Shapiro	No	Michelle Henry^[4]
South Dakota	Mark Vargo	Yes	Marty Jackley
Vermont	T.J. Donovan^[5]	Yes	Charity Clark
Washington, D.C.	Karl Racine	Yes	Brian Schwalb

^[1] On December 2, 2022, Governor Josh Green announced that he is appointing health care executive Anne Lopez as Hawaii’s next Attorney General. Ms. Lopez will succeed AG Holly Shikada whose term expired in December 2022. AG Shikada was appointed to succeed former AG Clare Connors who resigned as AG to accept an appointment as the United States Attorney for the District of Hawaii.

^[2] On November 23, 2022, Governor Parson announced that he is appointing his general counsel, Andrew Bailey, to become Missouri’s next Attorney General. Mr. Bailey will serve out the remaining two years of Attorney General Eric Schmitt’s term. General Schmitt was elected to the U.S. Senate in this past election cycle. Mr. Bailey has already indicated that he plans to run for a full four-year term in 2024.

^[3] Interim Attorney General Drew Wrigley (R), a former U.S. Attorney and Lieutenant Governor, defeated attorney Timothy Lamb (D). Wrigley was nominated by Governor Burgum to serve out the remainder of the term of Attorney General Wayne Stenehjem (R), who unexpectedly passed away at the beginning of 2022.

^[4] On January 17, 2023, AG Josh Shapiro will be sworn in as Pennsylvania’s Governor. On that day, First Deputy Attorney General Michelle Henry, will begin serving as Attorney General

^[5] Attorney General T.J. Donovan (D) stepped down on June 20, 2022, to pursue an opportunity in the private sector. Outgoing Attorney General Susanne R. Young (R) was appointed to complete the remainder of General Donovan’s term and did not seek election to the office.

Authors

Rob McKenna パートナー, State & Federal Government Solutions, Cyber, Privacy & Data Innovation

シアトル; Washington, D.C.

See my bio

D:+1 206 839 4415
E: [email protected]

Practice:

Technology & Innovation Sector
Life Sciences Sector
State & Federal Government Solutions
Cyber, Privacy & Data Innovation
State Attorneys General Investigations & Enforcement
Strategic Advisory & Government Enforcement (SAGE)

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Rob McKenna パートナー

シアトル; Washington, D.C.

A former Washington State Attorney General and President of the National Association of Attorneys General, Rob is accomplished in all areas of public policy, appellate law and investigations. He is a Chambers USA Band 1 Partner in Government Relations: State Attorneys General.

Rob represents a wide range of technology, energy, finance and other companies in matters involving cyber security, data privacy, litigation, appellate litigation, regulatory proceedings, state attorney general investigations and legislative issues. His experience, stature and proficiency add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies in state capitols across the country and in Washington, D.C., where he has testified before Congress and assisted clients who have been called to testify before Congressional committees. While at Orrick, Rob has represented clients in both state and federal court, typically in cases centered on constitutional questions.

Rob served two terms as Attorney General of Washington, from 2005 to 2013. He successfully argued three cases before the U.S. Supreme Court and helped negotiate three of the largest consumer protection settlements in national history, all involving mortgage lending and servicing. He is a recognized leader in the development of data protection and privacy regulation. Rob was the first state Attorney General to build a computer forensics lab to collect evidence of Internet fraud and passed one of the nation's first anti-spyware laws.

Rob served as President of the National Association of Attorneys General (NAAG) from 2011–12 where he co-launched the NAAG Intellectual Property Task Force to advance the national fight against counterfeiting and piracy. While serving as NAAG President, he created and led a national initiative to combat human trafficking which continues to this day. The NAAG human trafficking summit he hosted in Seattle in 2012 led AGs to launch state-level initiatives around the country. His fellow attorneys general honored him in 2011 with the Kelley-Wyman Award for “Outstanding Attorney General” in America.

Brian T. Moran パートナー, State & Federal Government Solutions, State Attorneys General Investigations & Enforcement

シアトル

See my bio

D:+1 206 839 4419
E: [email protected]

Practice:

State & Federal Government Solutions
State Attorneys General Investigations & Enforcement
White Collar, Investigations, Securities Litigation & Compliance
Strategic Advisory & Government Enforcement (SAGE)

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Brian T. Moran パートナー

シアトル

As the U.S. Attorney in Seattle, Brian led the first U.S. attorney’s office in the country to confront the challenges of the Covid-19 crisis. He led the office’s response to unprecedented civil unrest, and prosecuted an array of crimes ranging from hate crimes perpetrated by neo-Nazis to sophisticated data breaches by cyber criminals, and he pursued drug and human traffickers. He served on the Native American Issues (subcommittee), and the Border States and marijuana enforcement U.S. Attorney Work Groups. Brian earned wide bipartisan support for his leadership and was recently selected to serve on the Western District of Washington’s federal judicial selection committee.

During his 15 years serving in the office of the Washington State Attorney General, including as the Chief Deputy Attorney General, Brian was the top legal advisor to the Attorney General and had a significant role in the office’s legal strategy and policy initiatives, including matters related to consumer protection, data breaches, unfair competition, and public records. He frequently worked with the state legislature and state agencies to draft, implement, or amend state law in important areas such as consumer protection, the powers and duties of the Attorney General, public records, tort liability, public safety, and criminal law.

Brian has conducted numerous high-profile investigations for government agencies. In private practice, he has represented Fortune 100 companies, financial institutions, and tech innovators under investigation by state Attorneys General and other regulatory bodies.

Prior to his Chief Deputy appointment, Brian served as the Attorney General’s chief criminal prosecutor and as a Senior Deputy Prosecutor with the Office of the Kitsap County Prosecuting Attorney. His extensive trial and litigation experience includes white collar fraud, public corruption, environmental, and criminal and civil matters. Brian has tried over 100 cases through verdict, including 35 homicides and three death penalty cases.

Andrew Cook パートナー, State & Federal Government Solutions, State Attorneys General Investigations & Enforcement

Washington, D.C.; シアトル

See my bio

D:+1 202 339 8597
E: [email protected]

Practice:

State & Federal Government Solutions
State Attorneys General Investigations & Enforcement
Strategic Advisory & Government Enforcement (SAGE)

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See full bio

Andrew Cook パートナー

Washington, D.C.; シアトル

Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.

Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.

Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.

Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.