Attorney General

The Office of Attorney General was first created in the Territory of Dakota in 1883. The Attorney General was appointed by the Governor with the consent of the Legislative Council and served for a term of two years. The powers and duties of the Attorney General of the Territory were continued for the Attorney General of the state in the Constitution of 1889 (Constitution, 1889, art. IV, s. 1211.) The Attorney General is elected by the citizens of South Dakota and serves a four-year term.

The Attorney General is the state's chief lawyer and law enforcement officer. He has a wide range of responsibilities. Some of them include: Prosecuting and defending all actions in which the state has an interest, civil or criminal, in the Supreme Court, including all criminal appeals; Serving as legal advisor to the Governor and other constitutional officers; Defending the laws and the Constitution of the State of South Dakota; Serving as legal advisor to many of the State's boards and agencies; Consulting with and advising State's Attorneys, and in some circumstances providing assistance in prosecuting criminal cases; Issuing legal opinions upon the request of the Governor, Legislature, or certain state and local officials; Investigating and prosecuting drug cases and major felonies, including such crimes as homicide, burglary, and kidnapping; Protecting South Dakota consumers from scams and fraudulent activity; Investigating and prosecuting Medicaid fraud throughout the State; Operating the state forensic crime laboratory.

Divisions in the Office of the Attorney General include the Division of Administration and the Division of Criminal Investigation.