United States Attorney




































United States attorney
Seal of the United States Department of Justice.svg
Occupation
Occupation type
Profession
Activity sectors

Law practice, law enforcement, politics
Description
Competencies Advocacy skills, analytical mind, sense of justice, political fit
Education required

Law degree, bar exam
Fields of
employment
Government legal service
Related jobs

Prosecutor, district attorney, state's attorney, commonwealth's attorney





Flag of a United States attorney.


United States attorneys (also known as chief federal prosecutors and, historically, as United States district attorneys)[1][2][3] represent the United States federal government in United States district courts and United States courts of appeals.


The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings.[4][not in citation given]


There are 93 U.S. Attorney offices located throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. One U.S. Attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands where a single U.S. Attorney serves both districts. Each U.S. Attorney is the chief federal law enforcement officer within his or her particular jurisdiction, acting under the guidance of the United States Attorneys' Manual.[5] They supervise district offices with as many as 350 Assistant U.S. Attorneys (AUSAs) and as many as 350 support personnel.[6]


An Assistant United States Attorney (AUSA), or federal prosecutor, is a public official who represents the federal government on behalf of the U.S. Attorney (USA) in criminal prosecutions, and in certain civil cases as either the plaintiff or the defendant. In carrying out their duties as prosecutors, AUSAs have the authority to investigate persons, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals.[7]


U.S. Attorneys and their offices are part of the Department of Justice. U.S. Attorneys receive oversight, supervision, and administrative support services through the Justice Department's Executive Office for United States Attorneys. Selected U.S. Attorneys participate in the Attorney General's Advisory Committee of United States Attorneys.




Contents






  • 1 History and statutory authority


  • 2 Appointment


    • 2.1 United States Attorneys controversy


    • 2.2 History of interim U.S. Attorney appointments




  • 3 Role of U.S. Attorneys


  • 4 Executive Office for United States Attorneys


  • 5 List of current U.S. Attorneys' offices


  • 6 Defunct U.S. Attorney's offices


  • 7 See also


  • 8 Notes


  • 9 References


  • 10 External links





History and statutory authority


The Office of the United States Attorney was created by the Judiciary Act of 1789, along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up the United States Federal Judiciary, including a district court system. Thus, the office of U.S. Attorney is older than the Department of Justice. The Judiciary Act of 1789 provided for the appointment in each judicial district of a "Person learned in the law to act as attorney for the United States...whose duty it shall be to prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned..."
Prior to the existence of the Department of Justice, the U.S. Attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.[8][9]



Appointment


The U.S. Attorney is appointed by the President of the United States[10] for a term of four years,[11] with appointments subject to confirmation by the Senate. A U.S. Attorney continues in office, beyond the appointed term, until a successor is appointed and qualified.[12] By law, each United States attorney is subject to removal by the President.[13] The Attorney General has had the authority since 1986 to appoint interim U.S. Attorneys to fill a vacancy.



United States Attorneys controversy






Dismissal of U.S. attorneys controversy


  • Main issues

  • Timeline

  • Summary of attorneys

  • Documents

  • Congressional hearings

  • List of Dismissed Attorneys

  • Complete list of related articles




The governing statute, 28 U.S.C. § 546 provided, up until March 9, 2006:



(c) A person appointed as United States attorney under this section may serve until the earlier of—



(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or

(2) the expiration of 120 days after appointment by the Attorney General under this section.


(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.



On March 9, 2007, President George W. Bush signed into law the USA PATRIOT Act[14] which amended Section 546 by striking subsections (c) and (d) and inserting the following new subsection:



(c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title.



This, in effect, extinguished the 120-day limit on interim U.S. Attorneys, and their appointment had an indefinite term. If the president failed to put forward any nominee to the Senate, then the Senate confirmation process was avoided, as the Attorney General-appointed interim U.S. Attorney could continue in office without limit or further action. Related to the dismissal of U.S. attorneys controversy, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act to the interim appointment statute. The bill was signed by President George W. Bush, and became law in June 2007.[15][16]



History of interim U.S. Attorney appointments


Senator Dianne Feinstein (D, California), summarized the history of interim United States Attorney appointments, on March 19, 2007 in the Senate.[17]


.mw-parser-output .templatequote{overflow:hidden;margin:1em 0;padding:0 40px}.mw-parser-output .templatequote .templatequotecite{line-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0}

When first looking into this issue, I found that the statutes had given the courts the authority to appoint an interim U.S. attorney and that this dated back as far as the Civil War. Specifically, the authority was first vested with the circuit courts in March 1863.


Then, in 1898, a House of Representatives report explained that while Congress believed it was important to have the courts appoint an interim U.S. attorney:


‘There was a problem relying on circuit courts since the circuit justice is not always to be found in the circuit and time is wasted in ascertaining his whereabouts.’


Therefore, at that time, the interim appointment authority was switched to the district courts; that is, in 1898 it was switched to the district courts.


Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems. This structure was left undisturbed until 1986 when the statute was changed during the Reagan administration. In a bill that was introduced by Senator Strom Thurmond, the statute was changed to give the appointment authority to the Attorney General, but even then it was restricted and the Attorney General had a 120-day time limit. After that time, if a nominee was not confirmed, the district courts would appoint an interim U.S. attorney. The adoption of this language was part of a larger package that was billed as technical amendments to criminal law, and thus there was no recorded debate in either the House or the Senate and both Chambers passed the bill by voice vote.


Then, 20 years later, in March 2006 – again without much debate and again as a part of a larger package – a statutory change was inserted into the PATRIOT Act reauthorization. This time, the Executive's power was expanded even further, giving the Attorney General the authority to appoint an interim replacement indefinitely and without Senate confirmation.




Role of U.S. Attorneys


The U.S. Attorney is both the primary representative and the administrative head of the Office of the U.S. Attorney for the district. The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate.[18][19] However, they are not the only one that can represent the United States in Court. In certain circumstances, using an action called a qui tam, any U.S. citizen, provided they are represented by an attorney, can represent the interests of the United States, and share in penalties assessed against guilty parties.


The U.S. Attorney for the District of Columbia has the additional responsibility of prosecuting local criminal cases in the Superior Court of the District of Columbia, the equivalent of a municipal court for the national capital. The Superior Court is a federal Article I court.[20]



Executive Office for United States Attorneys


The Executive Office for United States Attorneys (EOUSA)[21] provides the administrative support for the 93 United States Attorneys (encompassing 94 United States Attorneys' offices, as the Guam and the Northern Mariana Islands has a single U.S. Attorney for both districts), including:



  • General executive assistance and direction,

  • Policy development,

  • Administrative management direction and oversight,

  • Operational support,

  • Coordination with other components of the United States Department of Justice and other federal agencies.


These responsibilities include certain legal, budgetary, administrative, and personnel services, as well as legal education.


The EOUSA was created on April 6, 1953, by Attorney General Order No. 8-53 to provide for close liaison between the Department of Justice in Washington, DC, and the 93 U.S. attorneys located throughout the 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. It was organized by Ninth Circuit Court of Appeals judge James R. Browning, who also served as its first chief.



List of current U.S. Attorneys' offices




Map of the boundaries of the United States courts of appeals (by color) and United States District Courts. All District Courts lie within the boundary of a single jurisdiction, usually in a state (heavier lines); some states have more than one District Court (lighter lines denote those jurisdictions)



  1. U.S. Attorney for the Middle District of Alabama

  2. U.S. Attorney for the Northern District of Alabama

  3. U.S. Attorney for the Southern District of Alabama

  4. U.S. Attorney for the District of Alaska

  5. U.S. Attorney for the District of Arizona

  6. U.S. Attorney for the Eastern District of Arkansas

  7. U.S. Attorney for the Western District of Arkansas

  8. U.S. Attorney for the Central District of California

  9. U.S. Attorney for the Eastern District of California


  10. U.S. Attorney for the Northern District of California (USAO)

  11. U.S. Attorney for the Southern District of California

  12. U.S. Attorney for the District of Colorado

  13. U.S. Attorney for the District of Connecticut

  14. U.S. Attorney for the District of Delaware


  15. U.S. Attorney for the District of Columbia (USAO)


  16. U.S. Attorney for the Middle District of Florida (USAO)

  17. U.S. Attorney for the Northern District of Florida


  18. U.S. Attorney for the Southern District of Florida (USAO)

  19. U.S. Attorney for the Middle District of Georgia

  20. U.S. Attorney for the Northern District of Georgia

  21. U.S. Attorney for the Southern District of Georgia


  22. U.S. Attorney for the Districts of Guam and the Northern Mariana Islands (USAO)


  23. U.S. Attorney for the District of Hawaii (USAO)

  24. U.S. Attorney for the District of Idaho

  25. U.S. Attorney for the Central District of Illinois

  26. U.S. Attorney for the Northern District of Illinois

  27. U.S. Attorney for the Southern District of Illinois


  28. U.S. Attorney for the Northern District of Indiana (USAO)

  29. U.S. Attorney for the Southern District of Indiana

  30. U.S. Attorney for the Northern District of Iowa


  31. U.S. Attorney for the Southern District of Iowa (USAO)

  32. U.S. Attorney for the District of Kansas

  33. U.S. Attorney for the Eastern District of Kentucky

  34. U.S. Attorney for the Western District of Kentucky

  35. U.S. Attorney for the Eastern District of Louisiana

  36. U.S. Attorney for the Middle District of Louisiana

  37. U.S. Attorney for the Western District of Louisiana

  38. U.S. Attorney for the District of Maine


  39. U.S. Attorney for the District of Maryland (USAO)

  40. U.S. Attorney for the District of Massachusetts

  41. U.S. Attorney for the Eastern District of Michigan

  42. U.S. Attorney for the Western District of Michigan

  43. U.S. Attorney for the District of Minnesota

  44. U.S. Attorney for the Northern District of Mississippi

  45. U.S. Attorney for the Southern District of Mississippi

  46. U.S. Attorney for the Eastern District of Missouri

  47. U.S. Attorney for the Western District of Missouri

  48. U.S. Attorney for the District of Montana

  49. U.S. Attorney for the District of Nebraska

  50. U.S. Attorney for the District of Nevada

  51. U.S. Attorney for the District of New Hampshire


  52. U.S. Attorney for the District of New Jersey (USAO)

  53. U.S. Attorney for the District of New Mexico


  54. U.S. Attorney for the Eastern District of New York (USAO)


  55. U.S. Attorney for the Northern District of New York (USAO)


  56. U.S. Attorney for the Southern District of New York (USAO)


  57. U.S. Attorney for the Western District of New York (USAO)

  58. U.S. Attorney for the Eastern District of North Carolina

  59. U.S. Attorney for the Middle District of North Carolina

  60. U.S. Attorney for the Western District of North Carolina

  61. U.S. Attorney for the District of North Dakota

  62. U.S. Attorney for the Northern District of Ohio

  63. U.S. Attorney for the Southern District of Ohio

  64. U.S. Attorney for the Eastern District of Oklahoma

  65. U.S. Attorney for the Northern District of Oklahoma


  66. U.S. Attorney for the Western District of Oklahoma (USAO)

  67. U.S. Attorney for the District of Oregon

  68. U.S. Attorney for the Eastern District of Pennsylvania

  69. U.S. Attorney for the Middle District of Pennsylvania

  70. U.S. Attorney for the Western District of Pennsylvania

  71. U.S. Attorney for the District of Puerto Rico

  72. U.S. Attorney for the District of Rhode Island

  73. U.S. Attorney for the District of South Carolina

  74. U.S. Attorney for the District of South Dakota

  75. U.S. Attorney for the Eastern District of Tennessee

  76. U.S. Attorney for the Middle District of Tennessee

  77. U.S. Attorney for the Western District of Tennessee

  78. U.S. Attorney for the Eastern District of Texas

  79. U.S. Attorney for the Northern District of Texas

  80. U.S. Attorney for the Southern District of Texas

  81. U.S. Attorney for the Western District of Texas

  82. U.S. Attorney for the District of Utah

  83. U.S. Attorney for the District of Vermont

  84. U.S. Attorney for the District of the Virgin Islands

  85. U.S. Attorney for the Eastern District of Virginia

  86. U.S. Attorney for the Western District of Virginia

  87. U.S. Attorney for the Eastern District of Washington

  88. U.S. Attorney for the Western District of Washington

  89. U.S. Attorney for the Northern District of West Virginia

  90. U.S. Attorney for the Southern District of West Virginia

  91. U.S. Attorney for the Eastern District of Wisconsin

  92. U.S. Attorney for the Western District of Wisconsin

  93. U.S. Attorney for the District of Wyoming


Note: Except as indicated parenthetically, the foregoing links are to the corresponding district court, rather than to the U.S. Attorney’s Office.



Defunct U.S. Attorney's offices






  • U. S. Attorney for the District of Michigan (February 24, 1863)[22]


  • U. S. Attorney for the Eastern District of South Carolina (October 2, 1965)


  • U. S. Attorney for the Western District of South Carolina (October 2, 1965)


  • U. S. Attorney for the Eastern District of Illinois (October 2, 1978; succeeded by the Central District of Illinois)


  • U. S. Attorney for the Panama Canal Zone (March 31, 1982)

  • U. S. Attorney for the District of Indiana



See also




  • United States Attorneys appointed by Donald Trump


  • Dismissal of U.S. attorneys controversy (2007)

  • 2017 dismissal of U.S. attorneys

  • United States Attorney General

  • United States Department of Justice

  • Law Officers of the Crown



Notes





References





  1. ^ "United States v. Curry, 47 U.S. (6 How.) 106". justia.com..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output q{quotes:"""""""'""'"}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-limited a,.mw-parser-output .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}


  2. ^ William Bennett Munro (1919). The Government of the United States. Macillan. p. 370. Retrieved November 30, 2010.


  3. ^ William M. McKinney; William Mark McKinney; Burdett Alberto Riched (1918). 22. Ruling Case Law. Edward Thompson Co. p. 103.


  4. ^ "Standards on Prosecutorial Investigations (Table of Contents) - Criminal Justice Section".


  5. ^
    "US Attorneys' Manual". usdoj.gov.



  6. ^ "United States Attorney Office for the District of Columbia". usdoj.gov. Retrieved November 10, 2007.


  7. ^ [1] Standards on Prosecutorial Investigations


  8. ^
    Sisk, Gregory C. (2nd Edition Editors: John Steadman, David Schwartz &, Sidney B. Jacoby) (2006). Litigation With the Federal Government (2nd Edition). ALI-ABA (American Law Institute – American Bar Association). pp. 12–14. ISBN 0-8318-0865-9.



  9. ^ Partial access online. Google Books.


  10. ^ 28 U.S.C. § 541(a).


  11. ^ 28 U.S.C. § 541(b).


  12. ^ 28 U.S.C. § 541(b)


  13. ^ 28 U.S.C. § 541(c).


  14. ^ "E:PUBLAWPUBL177.109 US Politics Blog" (PDF). uspolitics.about.com. Retrieved November 30, 2010.


  15. ^
    "House votes to strip U.S. Attorney provision". Think Progress. March 26, 2007.



  16. ^
    Michael Roston (June 15, 2007). "Bush signs bill to preserve US Attorneys' 'independence'". Raw Story.



  17. ^ Congressional Record, March 19, 2007, 2007 Congressional Record, Vol. 153, Page S3240 -S3241)


  18. ^ see generally 28 U.S.C. § 547


  19. ^ "US Attorneys' Manual. Title 1, section 1-2.500". usdoj.gov.


  20. ^ http://www.judgepedia.org/index.php/William_Roshko/


  21. ^ "US Attorneys' Manual, Title 3". usdoj.gov.


  22. ^ "History of the Federal Judiciary". Federal Judicial Center. Retrieved 2013-06-26.




External links







  • US Attorneys Office

  • United States Attorneys Mission Statement

  • United States Attorneys' Manual

  • Memorandum on Starting Date for Calculating the Term of an Interim U.S. Attorney

  • D.C. Superior Court Division

  • Index of prosecuting offices in all state and federal jurisdictions, and some foreign jurisdictions.










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