Can the Governor of Maine remove Maine&#39;s Attorney General?
<p>As I understand it, the President of the United States has an Attorney General (AG) that serves at the pleasure of the President. That means the President can fire the AG at any time. Can you take a look at Maine? Its legislature elects the AG and as I understand it, the AG has a special common law status as a constitutional officer.</p>

<p>The Governor of Maine is supposed to ensure that the laws are executed faithfully. Does he have power to do so when it comes to the department of the AG? I'm not only interested in the AG, but I am also interested in the assistant AGs who serve at the AG's pleasure. I assume that if the Governor can't fire the AG, then the Governor also can't fire any AAGs.</p>

<p>I'm trying to understand who is in charge.</p>

<p>Can the Governor of Maine fire the Attorney General? Otherwise the department of the AG seems like a 4th or 5th branch of government.</p>

<p>Article IX, Section 5 of the constitution says:</p>

<blockquote>
  <p><strong>Removal by impeachment or address</strong>.  Every person holding any civil office under this State, may be removed by impeachment, for
  misdemeanor in office; and every person holding any office, may be
  removed by the Governor on the address of both branches of the
  Legislature.  But before such address shall pass either House, the
  causes of removal shall be stated and entered on the journal of the
  House in which it originated, and a copy thereof served on the person
  in office, that the person may be admitted to a hearing in that
  person's own defense.</p>
</blockquote>

<p>This provides at least <em>some</em> mechanism for removing an AG. A subcomittee of the Judiciary Committee of the Maine Legislature reports <a href="http://lldc.mainelegislature.org/Open/Rpts/kf4958_z99m22_1986.pdf" rel="nofollow">here</a> on the broader question of tenure of office. p. 5 opines that "Many members of the executive branch of Maine government hold their offices at the pleasure of the Governor and may be removed from office by the Governor's direction to vacate". p. 6 then holds that "For civil officers whose tenure is set by the Constitution, removal from office may only occur through impeachment or address," and the Attorney General is enumerated as one of those Constitutional Officers (referencing Article IX Section 11). The <a href="http://www.maine.gov/portal/government/branches.html" rel="nofollow">State of Maine web page</a> says that there are three branches of government <em>plus</em> three constitutional officers (state, treasurer, AG) and one statutory officer, thus the AG is not part of the executive branch (and thus the AG does not serve at the pleasure of the Governor).</p>

constitutional-law