On November 10, Maryland Attorney General (AG) Anthony G. Brown announced the creation of an Office of the Solicitor General within his office. This new division is dedicated to overseeing the state’s appellate litigation in both state and federal courts. Brown appointed Julia Doyle, a seasoned appellate litigator and current chief of the Office of AG’s Civil Division, as the new solicitor general, effective January 8.
By establishing the Office of the Solicitor General, Maryland joins the majority of states that have recognized the importance of this role. The trend among state AG offices is to appoint experienced appellate litigators to help shape public policy and ensure effective legal representation for the state.
The Role of State AGs in Appellate Litigation
State AGs provide a critical function in state government. Not only does the AG represent state agencies, but the AG also represents their respective state in litigation. The establishment of the Office of the Solicitor General in Maryland underscores the critical role that AGs play in conducting appellate litigation on behalf of their states, both in criminal and civil matters. While AGs perform a variety of functions, an important aspect of their role is to represent the state in appellate courts, ensuring that the state’s legal interests are effectively advanced. Additionally, AGs are instrumental in consumer protection cases and multistate litigation, often collaborating with other states to address widespread issues and protect consumer rights.
AGs collectively shape national legal policy through letters, amicus filings, and proactive litigation. In many instances, these efforts are advanced by senior staff such as deputy attorneys general or the solicitor general. Networks of state AG senior staff become key coordinators in multistate litigation efforts. Multistate amicus opportunities frequently arise, driven by various state strategies and priorities. These bipartisan alliances, sometimes unexpected and recurring, demonstrate that the litigation is motivated by concern for issues of broad importance to states generally rather than mere political opportunism. Frequent multistate coordination of this sort contributes to the robust network of senior staff, including deputies and solicitors general, working closely together across state lines.
Broader Trend: Expansion of Solicitor General Offices
Among the senior attorneys appointed within most AGs offices is the solicitor general. With the appointment of a top appellate litigator at most AGs offices, there is a trend to expand and increase the size of solicitor general practice groups or attorneys focusing on this appellate and policy work. The trend of expanding and increasingly active state solicitor general offices continues to spread across the nation. Many states have only recently established an office of the solicitor general, consolidating work that was once performed by multiple divisions of the AG. Where solicitors general exist, states continue to enhance the office’s legal capacity. Offices that once contained a single top appellate attorney and paralegal have grown into multifunctional teams of more than a dozen attorneys in some states.
A solicitor general might be described as the most senior practicing attorney in the state — writing briefs and going to court to advance the state’s legal interests. For instance, Doyle has handled hundreds of appeals in the Maryland appellate courts, including successful representation of the petitioner in the U.S. Supreme Court in the 2016 case Ross v. Blake, in addition to arguments before the U.S. Court of Appeals for the Fourth Circuit, and more than 100 cases in the Court of Appeals of Maryland.
This role is pivotal in shaping public policy and litigation strategy within the state, ensuring consistency and excellence in appellate work across all divisions of an AG’s office. Most people are unaware of what a solicitor general does or whether their state has such a position. A solicitor general’s daily duties involve appellate practice of the highest caliber as well as the managerial skills required to run a multifunctional office. Whatever the mix of responsibilities assigned to the role, the wake of legal success that follows current state solicitors general will likely motivate the further spread and expansion of solicitor general offices across the nation.
Why It Matters
The appointment of Doyle as Maryland’s first solicitor general and the creation of the Office of the Solicitor General highlight the importance of understanding senior leadership roles within offices of AGs across the nation. Senior staff at AG offices play a pivotal role in shaping public policy and litigation strategy, ensuring that the state’s interests are effectively represented in the courts.
As Maryland joins the ranks of states with a dedicated solicitor general, it reinforces the vital function of this role in the broader context of state governance and legal advocacy. The move promises to enhance the state’s appellate litigation capabilities and boost the state’s role in consumer protection and multistate litigation. The evolving landscape within state AG offices presents both challenges and opportunities for businesses and their counsel. Staying informed of operational changes, legal developments, and policy shifts within these offices is critical to ensuring compliance and effective legal strategy. Stay tuned to Troutman Pepper’s updates for ongoing insights and analysis on the latest operational happenings, enforcement trends, and litigation risks within state AG offices.
