Attorney General of West Virginia

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West Virginia Attorney General

Seal of West Virginia.svg.png

General information
Office Type:  Partisan
Office website:  Official Link
Compensation:  $95,000
2025 FY Budget:  $10,115,018
Term limits:  None
Structure
Length of term:   4 years
Authority:  West Virginia Constitution, Article VII, Section 1
Selection Method:  Elected
Current Officeholder

Attorney General of West Virginia John B. McCuskey
Republican Party
Assumed office: January 13, 2025

Elections
Next election:  November 7, 2028
Last election:  November 5, 2024
Other West Virginia Executive Offices
GovernorLieutenant GovernorSecretary of StateAttorney GeneralTreasurerAuditorSuperintendent of EducationAgriculture CommissionerInsurance CommissionerNatural Resources CommissionerSecretary of CommerceCommissioner of LaborPublic Service Commission

The Attorney General of West Virginia is an elected position within the West Virginia state government. The attorney general is the chief legal officer for the state of West Virginia, providing legal representation for all state agencies, officials, commissions, and boards.

West Virginia has a Republican triplex. The Republican Party controls the offices of governor, secretary of state, and attorney general.

Current officeholder

The current Attorney General of West Virginia is John B. McCuskey (R). McCuskey assumed office in 2025.

Authority

The office of attorney general is established by Article VII of the West Virginia Constitution.

Article VII, Section 1:

The executive department shall consist of a governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general...

Qualifications

Article IV, Section 4 of the West Virginia Constitution establishes the qualifications of office as such:

  • at least 25 years old
  • a citizen entitled to vote
  • a resident of West Virginia for at least the preceding 5 years

No person, except citizens entitled to vote, shall be elected or appointed to any state, county or municipal office; but the governor and judges must have attained the age of thirty, and the attorney general and senators the age of twenty-five years, at the beginning of their respective terms of service; and must have been citizens of the state for five years next preceding their election or appointment, or be citizens at the time this constitution goes into operation.

Elections

West Virginia state government organizational chart

West Virginia elects attorneys general in presidential election years. The term begins on the first Monday after the second Wednesday of January next after the election.

2024

See also: West Virginia Attorney General election, 2024

General election

General election for Attorney General of West Virginia

John B. McCuskey defeated Teresa Toriseva in the general election for Attorney General of West Virginia on November 5, 2024.

Candidate
%
Votes
Image of John B. McCuskey
John B. McCuskey (R)
 
70.0
 
501,452
Image of Teresa Toriseva
Teresa Toriseva (D)
 
30.0
 
214,654

Total votes: 716,106
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Democratic primary election

Democratic primary for Attorney General of West Virginia

Teresa Toriseva defeated Richie Robb in the Democratic primary for Attorney General of West Virginia on May 14, 2024.

Candidate
%
Votes
Image of Teresa Toriseva
Teresa Toriseva
 
52.7
 
50,480
Image of Richie Robb
Richie Robb Candidate Connection
 
47.3
 
45,356

Total votes: 95,836
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Republican primary election

Republican primary for Attorney General of West Virginia

John B. McCuskey defeated Mike Stuart in the Republican primary for Attorney General of West Virginia on May 14, 2024.

Candidate
%
Votes
Image of John B. McCuskey
John B. McCuskey
 
59.8
 
117,263
Image of Mike Stuart
Mike Stuart
 
40.2
 
78,745

Total votes: 196,008
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Withdrawn or disqualified candidates

2020

See also: West Virginia Attorney General election, 2020

General election

General election for Attorney General of West Virginia

Incumbent Patrick Morrisey defeated Sam Petsonk in the general election for Attorney General of West Virginia on November 3, 2020.

Candidate
%
Votes
Image of Patrick Morrisey
Patrick Morrisey (R)
 
63.8
 
487,250
Image of Sam Petsonk
Sam Petsonk (D)
 
36.2
 
276,798

Total votes: 764,048
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Democratic primary election

Democratic primary for Attorney General of West Virginia

Sam Petsonk defeated Isaac Sponaugle in the Democratic primary for Attorney General of West Virginia on June 9, 2020.

Candidate
%
Votes
Image of Sam Petsonk
Sam Petsonk
 
50.1
 
86,490
Image of Isaac Sponaugle
Isaac Sponaugle
 
49.9
 
86,263

Total votes: 172,753
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Attorney General of West Virginia

Incumbent Patrick Morrisey advanced from the Republican primary for Attorney General of West Virginia on June 9, 2020.

Candidate
%
Votes
Image of Patrick Morrisey
Patrick Morrisey
 
100.0
 
175,292

Total votes: 175,292
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2016

See also: West Virginia Attorney General election, 2016

The general election for Attorney Generalwas held on November 8, 2016.

Incumbent Patrick Morrisey defeated Doug Reynolds, Karl Kolenich, and Michael Sharley in the West Virginia attorney general election.

West Virginia Attorney General, 2016
Party Candidate Vote % Votes
     Republican Green check mark transparent.png Patrick Morrisey Incumbent 51.63% 358,424
     Democratic Doug Reynolds 41.95% 291,232
     Libertarian Karl Kolenich 3.46% 24,023
     Mountain Party Michael Sharley 2.95% 20,475
Total Votes 694,154
Source: West Virginia Secretary of State

Full history


Term limits

The office of attorney general is not subject to term limits in West Virginia.

Vacancies

Details of vacancy appointments are addressed under Article VII, Section 17 of the state constitution.

If the office of attorney general becomes vacant, it is the duty of the governor to fill the position by appointment. The appointee serves until a new attorney general is elected.

Duties

The mission of the Attorney General's Office is:[1]

The overarching mission of the Office of the Attorney General, as set forth in the West Virginia Constitution and the West Virginia Code, is to serve as the chief legal officer for the State of West Virginia. The Attorney General Speaks for the legal interests of the State.

Pursuant to the Attorney General's broad mission, the Office is responsible for providing skilled legal counsel and representation to the State, its officers, agencies, and boards on a wide range of legal matters. More specifically, the Office of the Attorney General is responsible for prosecuting and defending legal actions on behalf of the State, and for ensuring that the rights of the State and its citizens are protected in matters before the circuit courts of this State, the West Virginia Supreme Court of Appeals, and all federal courts. The Attorney General also is entrusted with enforcing the laws of the State as they related to consumer protection, unfair trade practices, civil rights, and other important areas. Additionally, the Office of the Attorney General may appoint outside attorneys to serve as special assistant attorneys general on certain legal matters.

Finally, the Office of the Attorney General plays a critical role with regard to state criminal law. In addition to providing advice and consultation to county prosecuting attorneys, the Office of the Attorney General has the exclusive responsibility for representing the state in all criminal appeals and in all habeas corpus proceedings filed by prisoners within the State.[2]

Divisions

As of January 11, 2021, divisions within the Attorney General's Office included:[3]

  • Appellate
  • Civil Rights
  • Consumer Protection & Anti-Trust
  • Education, Arts & Boards
  • Health & Human Resources
  • Tax & Revenue, Claims Commission, and Transportation

State budget

See also: West Virginia state budget and finances

The budget for the attorney general's office in Fiscal Year 2025 was $10,115,018.[4]

Compensation

See also: Compensation of state executive officers

Article 7, Section 19 of the state constitution defines the method by which the attorney general's compensation is set:

The officers named in this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after they shall not, after the expirations of the terms of those in office at the adoption of this amendment, receive to their own use any fees, costs, perquisites of office or other compensation, and all fees that may hereafter be payable by law, for any service performed by any officer provided for in this article of the Constitution, shall be paid in advance into the state treasury.

Chapter 6, Article 7-2 of the West Virginia Code lays out the exact compensation for certain state officers. According to this section of the state code, the salary of the attorney general, beginning in 2009 and for each calendar year thereafter, shall be $95,000.[5]

2023

In 2023, the officer's salary was $95,000, according to the Council of State Governments.[6]

2022

In 2022, the officer's salary was $95,000, according to the Council of State Governments.[7]

2021

In 2021, the attorney general received a salary of $95,000, according to the Council of State Governments.[8]

2020

In 2020, the attorney general received a salary of $95,000 according to the Council of State Governments.[9]

2019

In 2019, the attorney general received a salary of $95,000 according to the Council of State Governments.[10]

2018

In 2018, the attorney general received a salary of $95,000 according to the Council of State Governments.[11]

2017

In 2017, the attorney general received a salary of $95,000 according to the Council of State Governments.[12]

2016

In 2016, the attorney general received a salary of $95,000 according to the Council of State Governments.[13]

2015

In 2015, the attorney general received a salary of $95,000 according to the Council of State Governments.[14]

2014

In 2014, the attorney general received a salary of $95,000 according to the Council of State Governments.[15]

2013

In 2013, the attorney general's salary remained at $95,000.[16]

2012

In 2012, the attorney general was paid an estimated $95,000. This figure comes from the Council of State Governments.

2010

In 2010, the attorney general was paid an estimated $95,000 according to the Council of State Governments.[17]

Historical officeholders

Since 1863, West Virginia has had 34 attorneys general. Aquilla B. Caldwell served twice (First and fifth officeholder).

Click "show" for former officeholders.

# Name Took office Left office County
1 Aquilla B. Caldwell 1863 1864 Ohio
2 Ephriam B. Hall 1864 1866 Marion
3 Edwin Maxwell 1866 1866 Harrison
4 Thayer Melvin 1866 1869 Ohio
5 Aquilla B. Caldwell 1869 1870 Ohio
6 Joseph Spriggs 1870 1872 Hampshire
7 Henry Mason Matthews 1872 1876 Greenbrier
8 Robert White 1876 1880 Hampshire
9 Cornelius C. Watts 1880 1884 Kanawha
10 Alfred Caldwell 1884 1892 Ohio
11 Thomas S. Riley 1892 1896 Ohio
12 Edgar P. Rucker 1896 1900 McDowell
13 Romeo H. Freer 1900 1904 Ritchie
14 Clark W. May 1904 1908 Lincoln
15 William G. Conley 1908 1912 Preston
16 A. A. Lilly 1912 1916 Raleigh
17 E. T. England 1916 1924 Logan
18 Howard B. Lee 1924 1932 Mercer
19 Homer A. Holt 1932 1936 Fayette
20 Clarence W. Meadows[18] 1936 1942 Raleigh
21 William S. Wysong[18] 1942 1942 Preston
22 James Kay Thomas[18] 1942 1944 Kanawha
23 Ira J. Partlow 1944 1950 McDowell
24 William C. Martland[19] 1950 1952 Wyoming
25 Chauncey H. Browning, Sr. 1952 1952 Logan
26 John G. Fox 1952 1956 Fayette
27 W. W. Barron 1956 1960 Randolph
28 C. Donald Robertson 1960 1968 Harrison
29 Chauncey H. Browning, Jr. 1968 1984 Logan
30 Charlie Brown[20] 1984 1989 Kanawha
31 Roger W. Tompkins[20] 1989 1990 Kanawha
32 Mario J. Palumbo 1990 1992 Kanawha
33 Darrell V. McGraw, Jr. 1992 2013 Kanawha
34 Patrick Morrisey 2013 2025 Kanawha
35 John B. McCuskey 2025 Present Kanawha

Recent news

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Contact information

West Virginia State Capitol Building 1
Room E-26
Charleston, WV 25305

Phone: 304-558-2021
Fax: 304-558-0140

See also

West Virginia State Executive Elections News and Analysis
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West Virginia State Executive Offices
West Virginia State Legislature
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Party control of state government
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External links

Footnotes

  1. Attorney General of West Virginia, "Mission of the Office of the Attorney General," accessed January 11, 2021
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Attorney General of West Virginia, "Divisions," accessed January 11, 2021
  4. West Virginia Legislature, "Committee Substitute for Senate Bill 200," accessed January 23, 2025
  5. West Virginia Code, "Chapter 6, Article 7-2," accessed January 11, 2021
  6. Council of State Governments, "Book of the States 2023 Table 4.11: Selected State Administrative Officials: Annual Salaries," accessed January 21, 2025
  7. Council of State Governments, "Book of the States 2022 Table 4.11: Selected State Administrative Officials: Annual Salaries," provided to Ballotpedia by CSG personnel
  8. Issuu, "The Book of the States 2021," accessed September 28, 2022
  9. Council of State Governments, "The Book of the States 2020," accessed January 5, 2021
  10. Council of State Governments, "The Book of the States 2019," accessed January 5, 2021
  11. Council of State Governments, "The Book of the States 2018," accessed January 5, 2021
  12. Council of State Governments, "The Book of the States 2017," accessed January 5, 2021
  13. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2016," accessed August 27, 2016
  14. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2015," accessed August 27, 2016
  15. Council of State Governments, "Selected State Administrative Officials: Annual Salaries," accessed December 8, 2014
  16. Council of State Governments, "Table 4.11 Selected State Administrative Officials: Annual Salaries," accessed January 31, 2014
  17. The Council of State Governments, "The Book of States 2010 Table 4.11," accessed June 7, 2011
  18. 18.0 18.1 18.2 Clarence Meadows was elected to a four-year term in 1940, but resigned on May 15, 1942 upon his judicial appointment to the 10th Judicial Circuit. William Wysong was appointed to the position by then-Governor Neeley, and served until James Kay Thomas was elected to serve for the remainder of Meadows' term.
  19. William Martland resigned on February 1, 1952 in order to run for Governor. Chauncey Browning, Sr. was appointed to the office, and served until August 16, 1952.
  20. 20.0 20.1 Charlie Brown resigned on August 21, 1989. Roger W. Tompkins was appointed on September 5, 1989 to fill the vacancy, and Mario J. Palumbo was elected to serve for the remainder of Brown's term.