Attorney General of West Virginia
| West Virginia Attorney General | |
 | |
| 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 | |
| Elections | |
| Next election: | November 7, 2028 |
| Last election: | November 5, 2024 |
| Other West Virginia Executive Offices | |
| Governor • Lieutenant Governor • Secretary of State • Attorney General • Treasurer • Auditor • Superintendent of Education• Agriculture Commissioner • Insurance Commissioner• Natural Resources Commissioner • Secretary of Commerce • Commissioner of Labor • Public 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 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
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 | ||
| ✔ | John B. McCuskey (R) | 70.0 | 501,452 | |
| 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 | ||
| ✔ | Teresa Toriseva | 52.7 | 50,480 | |
| Richie Robb | 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 | ||
| ✔ | John B. McCuskey | 59.8 | 117,263 | |
| Mike Stuart | 40.2 | 78,745 | ||
| Total votes: 196,008 | ||||
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Withdrawn or disqualified candidates
- Ryan Weld (R)
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 | ||
| ✔ | Patrick Morrisey (R) | 63.8 | 487,250 | |
| 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 | ||
| ✔ | Sam Petsonk | 50.1 | 86,490 | |
| Isaac Sponaugle | 49.9 | 86,263 | ||
| Total votes: 172,753 | ||||
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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 | ||
| ✔ | Patrick Morrisey | 100.0 | 175,292 | |
| Total votes: 175,292 | ||||
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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 |  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
To view the electoral history dating back to 2000 for the office of West Virginia Attorney General, click [show] to expand the section. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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2012Challenger Patrick Morrisey (R) defeated incumbent Darrell McGraw (D) in the November 6, 2012 general election.
2008On November 4, 2008, Darrell V. McGraw, Jr. won re-election to the office of West Virginia Attorney General. He defeated Daniel W. Greear (R) in the general election.
2004 On November 2, 2004, Darrell V. McGraw, Jr. won re-election to the office of West Virginia Attorney General. He defeated Hiram Lewis, IV (R) in the general election.
2000 On November 7, 2000, Darrell V. McGraw, Jr. won re-election to the office of West Virginia Attorney General. He ran unopposed in the general election.
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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
The link below is to the most recent stories in a Google news search for the terms West Virginia Attorney General. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
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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External links
Footnotes
- ↑ Attorney General of West Virginia, "Mission of the Office of the Attorney General," accessed January 11, 2021
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Attorney General of West Virginia, "Divisions," accessed January 11, 2021
- ↑ West Virginia Legislature, "Committee Substitute for Senate Bill 200," accessed January 23, 2025
- ↑ West Virginia Code, "Chapter 6, Article 7-2," accessed January 11, 2021
- ↑ Council of State Governments, "Book of the States 2023 Table 4.11: Selected State Administrative Officials: Annual Salaries," accessed January 21, 2025
- ↑ Council of State Governments, "Book of the States 2022 Table 4.11: Selected State Administrative Officials: Annual Salaries," provided to Ballotpedia by CSG personnel
- ↑ Issuu, "The Book of the States 2021," accessed September 28, 2022
- ↑ Council of State Governments, "The Book of the States 2020," accessed January 5, 2021
- ↑ Council of State Governments, "The Book of the States 2019," accessed January 5, 2021
- ↑ Council of State Governments, "The Book of the States 2018," accessed January 5, 2021
- ↑ Council of State Governments, "The Book of the States 2017," accessed January 5, 2021
- ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2016," accessed August 27, 2016
- ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2015," accessed August 27, 2016
- ↑ Council of State Governments, "Selected State Administrative Officials: Annual Salaries," accessed December 8, 2014
- ↑ Council of State Governments, "Table 4.11 Selected State Administrative Officials: Annual Salaries," accessed January 31, 2014
- ↑ The Council of State Governments, "The Book of States 2010 Table 4.11," accessed June 7, 2011
- ↑ 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.
- ↑ 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.
- ↑ 20.0 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.
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