The Pennsylvania Office of Attorney General: A ‘New’ Direction
This article was originally published by The Legal Intelligencer on May 28, 2025.
In January 2025, Dave Sunday was sworn in as Pennsylvania’s newest attorney general. At the time of his inauguration, much was written about what Pennsylvanians could expect from Sunday. However, these predictions were based upon a limited amount of background material, primarily Sunday’s background as York County district attorney and his stump speeches on the campaign trail. Now, with approximately four months on the job, Attorney General Sunday’s vision and priorities are beginning to come into sharper focus.
A Return to the Traditional
Other than the governor, it is hard to imagine a more powerful bully pulpit in the commonwealth government than the post of attorney general. Prior occupants of the office, most notably Josh Shapiro, leveraged the full weight of the office to rail against Washington, D.C., during the first Trump administration and push his political objectives. Michelle Henry, nominated by Shapiro following his election as governor, seemed to carry on that approach, defying expectations that she may return the office to a more traditional focus given her experience as a career prosecutor with no intention to run for the job. However, this “activist” model pushed (and sometimes exceeded) the limited jurisdiction of the office, particularly on national issues.
So far, Sunday has proven to be more of a traditionalist. This is not surprising given his relationship with Tom Corbett. Corbett, who served as attorney general for several terms before he was elected governor, was essentially a traditionalist attorney general. While Corbett made headlines for his willingness to push the envelope in political corruption cases on both sides of the aisle, in my view, this was still part of a traditional focus overall on fighting crime, protecting consumers and defending commonwealth agencies during litigation.
Sunday’s respect for tradition and the limits of the law is also not surprising given his background. Unlike Shapiro, Sunday’s identity was not forged in the political arena. A veteran of the U.S. Navy, Sunday earned his law degree at night while working for UPS. As York County district attorney, Sunday personally tried criminal cases, like Corbett before him. As any current or former front-line prosecutor will tell you, the experience of personally trying criminal cases is unforgettable and defines how you view the world.
Since taking office, Sunday has advocated for a renewed focus on the Commonwealth Attorneys Act, which frames the duties and limitations of the Office of Attorney General (OAG). Some of these duties are not sexy, such as defending commonwealth agencies in litigation and defending the constitutionality of state statutes (regardless of political viewpoint). Some of the act’s limitations, particularly those related to the careful balance of power between the attorney general and local district attorneys, can prove inconvenient for activists looking to push the boundaries. However, to a traditionalist, these are legal guardrails for the office’s operation.
A Limited National Footprint
In his first few months in office, Sunday has faced a bombardment of executive orders from the second Trump administration, many of which (most notably federal funding freezes) arguably impact the commonwealth and its citizens. However, Sunday has been measured in his response to these sweeping executive actions. While some in the media have viewed this reluctance to sue the Trump administration in purely political terms, grouping Sunday with other Republicans who are allegedly afraid to take on President Donald Trump, Sunday has cited to the restrictions imposed by the Commonwealth Attorneys Act and his desire to use the limited resources of his office to focus on his statutory responsibilities. Given that viewpoint, Sunday’s involvement in national politics has been cautious and practical.
Since taking office, Sunday has joined with other attorneys general to urge Congress to preserve funding for the Legal Services Corporation (LSC), which aids vulnerable residents (including veterans and those in more rural areas with shortages of attorneys) in need of civil representation. He has also urged Congress to enable the jamming of contraband cellphones in prisons and to allocate more federal funding to fight organized retail crime. Sunday has also pushed back against Republicans in Congress, looking to amend the federal budget reconciliation bill to create a 10-year moratorium on the ability of states to regulate artificial intelligence.
As for the executive branch, Sunday has urged the U.S. Department of Health and Human Services to grant law enforcement access to tips from the national human trafficking hotline. He has also joined the fight, pending before the U.S. Court of Appeals for Veterans Claims, in support of two military veterans who were denied their full G.I. education benefits by the U.S. Department of Veterans Affairs. All of these initiatives were supported by a large coalition of attorneys general from across the United States.
Sunday’s reluctance to wade too deeply into national politics should not be confused with a lack of interest in national issues. For example, Sunday has joined a bipartisan coalition of attorneys general to propose resolutions to end “Google’s illegal monopoly over internet search engines and restore competition to the benefit of consumers nationwide.” This fight against Google dates back to Gov. Josh Shapiro’s tenure as attorney general. Sunday has also crossed into New Jersey, urging the U.S. Court of Appeals for the Third Circuit to preserve “Daniel’s Law”—a judicial privacy measure enacted after a lawyer showed up at the house of a New Jersey judge and murdered her son. Sunday was also appointed as co-chair of the Consumer Protection Committee of the National Association of Attorneys General (NAAG), giving him a national platform on consumer issues.
Potential Areas of Activism
While I have predicted Sunday will prove to be more of a traditionalist, he could identify more as a maverick in certain subject matter areas. One area is Sunday’s deep interest in the fentanyl crisis, which dates back to his time as York County district attorney. Another cause close to his heart is how the criminal justice system fails those who are mentally ill or are addicted to drugs (including prescription drugs). Another issue is his interest in second-chance initiatives to help former convicts re-enter society. On these issues, I would not be surprised if Sunday takes on a more activist persona, particularly legislatively.
Also of interest is Sunday’s role as co-chair of NAAG’s Consumer Protection Committee, combined with the presence of First Deputy James Donahue. Donahue, the former executive deputy attorney general of the Public Protection Division, has been active in expanding the reach of the OAG’s authority to fight anticompetitive behavior. This may result in Sunday taking a national lead on certain consumer-related initiatives during his term.
Reprinted with permission from the May 28, 2025 edition of “The Legal Intelligencer” © 2025 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit www.almreprints.com.
