United States Attorney - Misplaced Pages

(Redirected from United States District Attorney) Chief prosecutor representing the United States federal government This article is about the federal government position. For the position in state and local government, see District attorney.

United States Attorney
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

United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal criminal prosecutor in their judicial district and represents the U.S. federal government in civil litigation in federal and state court within their geographic jurisdiction. U.S. attorneys must be nominated by the president and confirmed by the Senate, after which they serve four-year terms.

Currently, there are 93 U.S. attorneys in 94 district 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 a specified jurisdiction, acting under the guidance of the United States Attorneys' Manual. They supervise district offices with as many as 350 assistant U.S. attorneys (AUSAs) and as many as 350 support personnel.

U.S. Attorney's Offices are staffed mainly by assistant U.S. attorneys (AUSA). Often colloquially called "federal prosecutors", assistant U.S. attorneys are government lawyers who act as prosecutors in federal criminal trials and as the United States federal government's lawyers in civil litigation in which the United States is a party. 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.

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.

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 United States Marshal. 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.

Appointment

U.S. attorneys are appointed by the president of the United States for a term of four years, 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. By law, each United States attorney is subject to removal by the president. 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 article: Dismissal of U.S. attorneys controversy

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, 2006, President George W. Bush signed into law the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 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 re-instate the 120-day term limit on interim attorneys via the Preserving United States Attorney Independence Act of 2007. The bill was signed by President George W. Bush, and became law in June 2007.

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.

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. However, they are not the only ones that may 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.

As chief federal law enforcement officers, U.S. attorneys have authority over all federal law enforcement personnel within their districts and may direct them to engage, cease or assist in investigations. In practice, this has involved command of Federal Bureau of Investigation assets but also includes other agencies under the Department of Justice, such as the Bureau of Alcohol, Tobacco and Firearms and Drug Enforcement Administration. Additionally, U.S. attorneys cooperate with other non-DOJ law enforcement agencies – such as the United States Secret Service and Immigration and Customs Enforcement – to prosecute cases relevant to their jurisdictional areas.

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.

Executive Office for United States Attorneys

Main article: Executive Office for United States Attorneys

The Executive Office for United States Attorneys (EOUSA) provides the administrative support for the 93 United States attorneys (encompassing 94 United States Attorney 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

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. attorneys' offices

U. S. Attorney for the District of Michigan (February 24, 1863)
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
U.S. Attorney for the District of Washington
United States Attorney for the District of Arkansas
United States Attorney for the Western District of Florida
United States Attorney for the Eastern District of Florida
United States Attorney for the District of Georgia
United States Attorney for the District of Illinois
United States Attorney for the Territory of Iowa
United States Attorney for the District of Kentucky
United States Attorney for the District of Louisiana
United States Attorney for the District of Michigan
United States Attorney for the District of Mississippi
United States Attorney for the District of Missouri
United States Attorney for the Territory of New Mexico
United States Attorney for the District of New York
United States Attorney for the District of North Carolina
United States Attorney for the Territory of Dakota
United States Attorney for the District of Ohio
United States Attorney for the District of Oklahoma
United States Attorney for the District of South Carolina
United States Attorney for the District of Tennessee
United States Attorney for the District of Texas
United States Attorney for the District of Virginia
United States Attorney for the District of West Virginia
United States Attorney for the District of Wisconsin
United States Attorney for the District of China (Shanghai) (1928–1937)
United States Attorney for the District of Alaska, Sitka
- First District, Juneau (1898–1957)
- Second District, Nome (1900–1953)
- Third District, Eagle, Fairbanks, Valdez, Anchorage (1900–1960)
- Fourth District, Fairbanks (1909–1960)

Notes

References

"US Attorneys' Manual". usdoj.gov. February 19, 2015.
"United States Attorney Office for the District of Columbia". usdoj.gov. Retrieved November 10, 2007.
http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_pinvestigate.html Standards on Prosecutorial Investigations
Sisk, Gregory C. (2006). John Steadman; David Schwartz; Sidney B. Jacoby (eds.). Litigation With the Federal Government (2nd ed.). ALI-ABA (American Law Institute – American Bar Association). pp. 12–14. ISBN 0-8318-0865-9.
Sisk, Gregory C. (2006). Partial access online. Ali-Aba. ISBN 9780831808655.
28 U.S.C. § 541(a).
28 U.S.C. § 541(b).
28 U.S.C. § 541(b)
28 U.S.C. § 541(c).
"Pub. L. 109–177, title V, § 502" (PDF). U.S. Government Publishing Office. Retrieved June 20, 2020.
"Preserving United States Attorney Independence Act of 2007" (PDF). Congress.gov. Retrieved January 30, 2024.
"House votes to strip U.S. Attorney provision". Think Progress. March 26, 2007.
Congressional Record, March 19, 2007, 2007 Congressional Record, Vol. 153, Page S3240 -S3241)
see generally 28 U.S.C. § 547
"US Attorneys' Manual. Title 1, section 1-2.500". Department of Justice. November 2003. Archived from the original on April 1, 2005.
"William Roshko". Judgepedia. Archived from the original on October 29, 2013.
"Justice Manual, Title 3: EOUSA". justice.gov. February 19, 2015. Archived from the original on November 7, 2023.
"History of the Federal Judiciary". Federal Judicial Center. Retrieved June 26, 2013.

External links

v t e United States Department of Justice
Headquarters: Robert F. Kennedy Department of Justice Building Merrick Garland, Attorney General Lisa Monaco, Deputy Attorney General
Deputy Attorney General	Justice Management Division Criminal Division National Security Division Bureau of Alcohol, Tobacco, Firearms and Explosives Drug Enforcement Administration Federal Bureau of Investigation Bureau of Prisons (National Institute of Corrections * Federal Prison Industries) United States Marshals Service Executive Office for Immigration Review (Board of Immigration Appeals) Office of the Pardon Attorney Office of Professional Responsibility Office of Tribal Justice Professional Responsibility Advisory Office Executive Office for Organized Crime Drug Enforcement Task Forces Executive Office for United States Attorneys United States Attorneys' Offices INTERPOL Washington--United States National Central Bureau United States Parole Commission Office of Legal Counsel Office of Legal Policy Office of Legislative Affairs Office of Public Affairs Department of Justice Office of the Inspector General Special Counsel's Office
Associate Attorney General	Office of Justice Programs Office on Violence Against Women Office of Community Oriented Policing Services Office of Information Policy Foreign Claims Settlement Commission of the United States Antitrust Division Civil Division Civil Rights Division Environment and Natural Resources Division Tax Division Executive Office for United States Trustees Community Relations Service Office for Access to Justice
Assistant Attorneys General	Antitrust Division Civil Division Civil Rights Division Criminal Division National Security Division Environment and Natural Resources Division Justice Management Division Tax Division Office of Legal Counsel Office of Legal Policy Office of Legislative Affairs Office of Justice Programs
Solicitor General

v t e United States federal courts
Supreme Court of the United States United States courts of appeals List of United States district and territorial courts

Courts of appeals	1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th DC Federal
District courts	Alabama (M, N, S) Alaska Arizona Arkansas (E, W) California (C, E, N, S) Colorado Connecticut Delaware District of Columbia Florida (M, N, S) Georgia (M, N, S) Hawaii Idaho Illinois (C, N, S) Indiana (N, S) Iowa (N, S) Kansas Kentucky (E, W) Louisiana (E, M, W) Maine Maryland Massachusetts Michigan (E, W) Minnesota Mississippi (N, S) Missouri (E, W) Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York (E, N, S, W) North Carolina (E, M, W) North Dakota Ohio (N, S) Oklahoma (E, N, W) Oregon Pennsylvania (E, M, W) Puerto Rico Rhode Island South Carolina South Dakota Tennessee (E, M, W) Texas (E, N, S, W) Utah Vermont Virginia (E, W) Washington (E, W) West Virginia (N, S) Wisconsin (E, W) Wyoming
Specialty courts	Court of International Trade Judicial Panel on Multidistrict Litigation Alien Terrorist Removal Court Foreign Intelligence Surveillance Court Foreign Intelligence Surveillance Court of Review
Territorial courts	Guam Northern Mariana Islands Virgin Islands
Extinct courts	Former United States district courts District of Orleans District of Potomac Eastern District of Illinois District of the Canal Zone District of China District of Berlin
Note	American Samoa does not have a district court or federal territorial court; federal matters there go to the District of Columbia, Hawaii, or its own Supreme Court.

Categories: