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Non-profit

National Association of Attorneys General (NAAG)

Website:

www.naag.org
Location:

Washington, DC
Tax-Exempt Status:

501(c)(3)

Type:

Public officials’ affinity group
Founded:

1907
Executive Director:

Al Lama (acting Executive Director)

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National Association of Attorneys General (NAAG) is the bipartisan association of U.S. state and territorial attorneys general. The group conducts trainings and meetings and coordinates dialogue among attorneys general seeking cooperation and support. In recent years, concerns that the organization had moved too left, as well as substantial assets resulting from its litigation practices, have led five attorneys general to resign from the organization.

History

National Association of Attorneys General was founded in 1907 as a bipartisan forum for state and territorial attorneys general. 1 The organization offers bipartisan engagement and cooperation to share ideas and information and offers forums, continuing legal education, and training. 2 NAAG membership consists of attorneys general from the states and U.S. territories. 3 Each year the organization elects one of its members as president. 4

Programs

National Association of Attorneys General provides program support through its training and research arm, the National Attorneys General Training and Research Institute (NAGTRI). 5 NAGTRI conducts more than 130 online and in-person training programs a year and produces newsletters and publications on current legal issues. 6 NAGTRI operates five centers for specialized training and research on consumer protection, ethics and public integrity, international partnership and strategic collaboration, leadership development, and legal advocacy and faculty development. 7

NAAG has standing committees to develop policy positions, information exchanges, working with federal agencies, and administering funds to be distributed via court order. 8 Standing committees with NAAG include antitrust, civil rights, consumer protection, criminal law, energy and the environment, NAGTRI trainings, and tobacco. 9 Additionally, each NAAG president selects an issue for NAAG to focus on for the year. 10

Controversies

Between 2021 and May 2022, five states withdrew from NAAG. 11 Alabama Attorney General Steve Marshall (R) withdrew from NAAG in 2021. 12

On May 4, 2022, the Republican attorney generals of Texas, Missouri, and Montana withdrew from NAAG over what they characterized as the organization’s “leftward shift over the past half decade.” 13 In a letter to the NAAG president, the withdrawing attorneys general stated that NAAG’s “liberal bent has fundamentally undermined NAAG’s role as a ‘nonpartisan national forum.’” 14 Concerns were raised by certain attorneys general about financial management and other practices of the organization. 15 The following week, Arizona Attorney General Mark Brnovich (R) also withdrew. 16

In 2021, when Washington, D.C. attorney general Karl Racine (D) was president of NAAG, he announced the organization would focus on countering systemic racism, promoting awareness of the prevalence of hate and bias in the country, and promoting racial and social justice. 17

Questions have been raised about NAAG moving away from coordination and promoting efficiency in litigation and into targeting industries such as tobacco and pharmaceuticals. 18 NAAG benefited from settlement agreements, and critics have argued that the windfalls from these settlements have been a motivating factor in pursuing litigation. 19 Critics have also noted that because funds from these settlements can be loaned to a state attorney general to pursue further litigation, they become a way of circumventing normal legislative oversight of a state’s enforcement powers. 20

Chris Toth, the former executive director of NAAG, retired from the organization on June 1, 2022. 21 In his farewell letter, Toth stated he was alarmed by the growing influence of a competing group, the Conference of Western Attorneys General/Attorney Generals Alliance (CWAG/AGA). 22 Toth argued that CWAG/AGA takes corporate and lobbyist money and holds meetings at high-end hotels, 23 and expressed concerns over lobbyist influence at these gatherings. 24 However, NAAG’s president, Iowa Attorney General Tom Miller (D) distanced the group from Toth’s remarks. 25

Finances

In 2021, according to NAAG’s annual report, the organization had $24,875,000 in revenue and $18,692,000 in expenses. 26 NAAG ended 2021 with $273,570,000 in net assets. 27 Much of NAAG’s money is derived from dues paid by the attorney general’s office of its member states. 28

American Tort Reform Association noted that NAAG is funded by each state and territory paying yearly dues of around $70,000 and from carveouts from multistate litigation settlements. 29 It is reported that through an opioid settlement in 2021, NAAG received $15 million, 30 while it received $103 million in the tobacco master settlement, which has grown to $140 million. 31

References

  1. “About NAAG.” National Association of Attorneys General. Accessed July 11, 2022. https://www.naag.org/about-naag/.
  2. “About NAAG.” National Association of Attorneys General. Accessed July 11, 2022. https://www.naag.org/about-naag/.
  3. “About NAAG.” National Association of Attorneys General. Accessed July 11, 2022. https://www.naag.org/about-naag/.
  4. “About NAAG.” National Association of Attorneys General. Accessed July 11, 2022. https://www.naag.org/about-naag/.
  5.  [1] “National Attorneys General Training & Research Institute.” National Association of Attorneys General. Accessed July 18, 2022. https://www.naag.org/about-naag/nagtri/.
  6. “National Attorneys General Training & Research Institute.” National Association of Attorneys General. Accessed July 18, 2022. https://www.naag.org/about-naag/nagtri/.
  7. “National Attorneys General Training & Research Institute.” National Association of Attorneys General. Accessed July 18, 2022. https://www.naag.org/about-naag/nagtri/.
  8. “Committees.” National Association of Attorneys General website. Accessed July 18, 2022. https://www.naag.org/our-work/committees/.
  9. “Committees.” National Association of Attorneys General website. Accessed July 18, 2022. https://www.naag.org/our-work/committees/.
  10. [1] “Letter to National Association of Attorneys General.” National Association of Attorneys General. May 4, 2022. Accessed July 18, 2022. https://www.naag.org/our-work/initiatives/presidential-initiative/.
  11. Alexander, Rachel. “Arizona Attorney General Brnovich Pulls Out of Leftward-Drifting National Association of Attorneys General.” Arizona Sun Times. May 12, 2022. Accessed July 11, 2022. https://arizonasuntimes.com/2022/05/12/arizona-attorney-general-brnovich-pulls-out-of-leftward-drifting-national-association-of-attorneys-general/.
  12.  “Letter to National Association of Attorneys General.” National Association of Attorneys General. May 4, 2022. Accessed July 18, 2022. https://www.naag.org/our-work/initiatives/presidential-initiative/.
  13. “Letter to National Association of Attorneys General.” National Association of Attorneys General. May 4, 2022. Accessed July 18, 2022. https://www.naag.org/our-work/initiatives/presidential-initiative/.
  14. “Letter to National Association of Attorneys General.” National Association of Attorneys General. May 4, 2022. Accessed July 18, 2022. https://www.naag.org/our-work/initiatives/presidential-initiative/.
  15. [1] “Letter to National Association of Attorneys General.” National Association of Attorneys General. May 4, 2022. Accessed July 18, 2022. https://www.naag.org/our-work/initiatives/presidential-initiative/.
  16. Alexander, Rachel. “Arizona Attorney General Brnovich Pulls Out of Leftward-Drifting National Association of Attorneys General.” Arizona Sun Times. May 12, 2022. Accessed July 11, 2022. https://arizonasuntimes.com/2022/05/12/arizona-attorney-general-brnovich-pulls-out-of-leftward-drifting-national-association-of-attorneys-general/.
  17.  “AG Racine Ascends as 2021 President of the National Association of Attorneys General, Unveils Initiative Countering Hate.” D.C. Office of the Attorney General. December 3, 2020. Accessed July 11. https://thedcline.org/2020/12/03/press-release-ag-racine-ascends-as-2021-president-of-the-national-association-of-attorneys-general-unveils-initiative-countering-hate/.
  18. “The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” American Tort Reform Association. March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/.
  19. “The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” American Tort Reform Association. March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/.
  20. The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” American Tort Reform Association. March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/.
  21. Letter from Chris Toth to Attorneys General. June 1, 2022. Accessed July 11, 2022. https://www.documentcloud.org/documents/22061553-toth-letter.
  22. Letter from Chris Toth to Attorneys General. June 1, 2022. Accessed July 11, 2022. https://www.documentcloud.org/documents/22061553-toth-letter.
  23. “The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” American Tort Reform Association. March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/; Markay, Lachlan. “State AG’s Corporate Cash Cow.” Axios. June 19, 2022. Accessed July 11, 2022. https://www.axios.com/2022/06/19/state-attorneys-general-lobbyists.
  24. Letter from Chris Toth to Attorneys General. June 1, 2022. Accessed July 11, 2022. https://www.documentcloud.org/documents/22061553-toth-letter.
  25. Markay, Lachlan. “State AG’s Corporate Cash Cow.” Axios. June 19, 2022. Accessed July 11, 2022. https://www.axios.com/2022/06/19/state-attorneys-general-lobbyists; “The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” American Tort Reform Association. March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/.
  26. Annual Report. National Association of Attorneys General. 2021. Accessed July 18, 2022. https://1li23g1as25g1r8so11ozniw-wpengine.netdna-ssl.com/wp-content/uploads/2022/04/2021-NAAG-Annual-Report-2022-04-28-1.pdf.
  27. Annual Report. National Association of Attorneys General. 2021. Accessed July 18, 2022. https://1li23g1as25g1r8so11ozniw-wpengine.netdna-ssl.com/wp-content/uploads/2022/04/2021-NAAG-Annual-Report-2022-04-28-1.pdf.
  28. Markay, Lachlan. “State AG’s Corporate Cash Cow.” Axios. June 19, 2022. Accessed July 11, 2022. https://www.axios.com/2022/06/19/state-attorneys-general-lobbyists.
  29. American Tort Reform Association report. “The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/.
  30. “The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” American Tort Reform Association. March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/.
  31. “The National Association of Attorneys General: A Nonprofit that Acts Like a Plaintiffs Firm.” American Tort Reform Association. March 2022. Accessed July 17, 2022. https://www.atra.org/white_paper/the-national-association-of-attorneys-general/.
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National Association of Attorneys General (NAAG)

1850 M Street, NW 12th Floor
Washington, DC