Virginia Attorneys General: A Comprehensive History from Colonial Era to Present
The office of the Attorney General of Virginia has evolved significantly since the early days of the English colonies. From royal appointments in the 17th century to the modern era of popular elections, the role has served as the primary legal advisor to the Commonwealth, reflecting the shifting political and legal landscapes of American history.
Colonial Virginia (1643–1775)
During the colonial period, records regarding the attorney general are sparse. The position was not a fixed term of office and was often left vacant for extended periods. Appointments were typically made by the King of England, the governor, the council, or a combination of both.
Early figures such as Richard Lee and Peter Jenings held the post during a time of political instability, including the Interregnum (the period between the execution of Charles I and the restoration of Charles II). By the 18th century, the office became more structured, with figures like John Clayton and Peyton Randolph serving significant tenures, though the role remained subject to royal warrants and gubernatorial appointments.
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The Early Republic and the 1851 Constitution (1776–1857)
Following the American Revolution, the method of selecting the attorney general shifted. From 1776 to 1851, the General Assembly (the legislative body of Virginia) elected the attorney general. If a vacancy occurred, the governor would appoint a replacement for an undefined term.
A pivotal change occurred with the Virginia Constitution of 1851, which introduced popular election. This shifted the power of selection from the legislature to the citizens, establishing fixed four-year terms. Under this new system, vacancies were filled by the General Assembly if they were in session; otherwise, the governor made the appointment.
Civil War and Reconstruction
The American Civil War created a fractured legal leadership in Virginia. John Randolph Tucker served as the attorney general for Confederate Virginia throughout the conflict until the government abandoned Richmond in 1865. Simultaneously, the Restored Government of Virginia—a Unionist government—maintained its own legal leadership through James S. Wheat and Thomas Russell Bowden.
During the Reconstruction era (1865–1870), the office was controlled by military authority, with the commanding general of the military district of Virginia appointing the attorney general until civilian governance was restored.
Modern Era (1874–Present)
Since 1874, the office has seen a transition through various political parties, including the Conservative Party of Virginia and the Readjuster Party, before becoming a contest primarily between Democrats and Republicans.
The modern era has been marked by several historic milestones. In 1986, Mary Sue Terry became the first female Attorney General of Virginia. More recently, the office has seen further diversification, with Jason Miyares becoming the first Hispanic and Latino American attorney general in 2022, and Jay Jones becoming the first African-American attorney general in 2026.
Key Facts
- First Female AG: Mary Sue Terry (1986).
- First Hispanic/Latino AG: Jason Miyares (2022).
- First African-American AG: Jay Jones (2026).
- Constitutional Shift: The 1851 Constitution moved the office from legislative election to popular election.
- Civil War Split: Virginia had separate attorneys general for the Confederate government and the Restored Government of Virginia.
| Period | Appointment/Election Method | Key Characteristics |
|---|---|---|
| Colonial (1643–1775) | Royal/Gubernatorial Appointment | Sparse records, frequent vacancies. |
| Early Republic (1776–1851) | General Assembly Election | Undefined terms. |
| Post-1851 Constitution | Popular Election | Fixed four-year terms. |
| Civil War/Reconstruction | Confederate/Union/Military Appt. | Divided government and military oversight. |
| Modern (1874–Present) | Popular Election | Increased party alignment and diversification. |
Frequently Asked Questions
How was the attorney general chosen in Colonial Virginia?
The attorney general was appointed by the King, the governor, the council, or a combination of these authorities, with no fixed term of office.
When did the people of Virginia start electing their attorney general?
Popular election was introduced by the Virginia Constitution of 1851, which also established four-year terms for the office.
Who were the competing attorneys general during the Civil War?
John Randolph Tucker served the Confederate government, while James S. Wheat and Thomas Russell Bowden served the Restored Government of Virginia.
Who was the first woman to hold the office of Attorney General in Virginia?
Mary Sue Terry became the first female Attorney General of Virginia when she took office on January 11, 1986.
Who is the first African-American attorney general of Virginia?
Jay Jones, who assumed office on January 17, 2026, is the first African-American to serve as the attorney general of Virginia.