United States 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 (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.

Flag of a United States attorney.

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]

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.

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
Timeline Summary of attorneys Documents Congressional hearings List of Dismissed Attorneys All 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, 2006, President George W. Bush signed into law the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005[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]

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)

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)[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

Notes

References

"United States v. Curry, 47 U.S. (6 How.) 106". justia.com.
William Bennett Munro (1919). The Government of the United States. Macillan. p. 370. Retrieved November 30, 2010. United States District Attorney.
William M. McKinney; William Mark McKinney; Burdett Alberto Riched (1918). 22. Ruling Case Law. Edward Thompson Co. p. 103.
"Standards on Prosecutorial Investigations (Table of Contents) - Criminal Justice Section".
"US Attorneys' Manual". usdoj.gov.
"United States Attorney Office for the District of Columbia". usdoj.gov. Retrieved November 10, 2007.
Standards on Prosecutorial Investigations
Sisk, Gregory C. (2nd Edition Editors: John Steadman, David Schwartz &, Sidney B. Jacoby) (2006). 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. 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.
"House votes to strip U.S. Attorney provision". Think Progress. March 26, 2007.
Michael Roston (June 15, 2007). "Bush signs bill to preserve US Attorneys' 'independence'". Raw Story.
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". usdoj.gov.
http://www.judgepedia.org/index.php/William_Roshko/
"Justice Manual, Title 3". justice.gov.
"History of the Federal Judiciary". Federal Judicial Center. Retrieved June 26, 2013.

External links

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[1] "United States v. Curry, 47 U.S. (6 How.) 106". justia.com.

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

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

[auto-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] Standards on Prosecutorial Investigations

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

[9] Sisk, Gregory C. (2006). Partial access online. ISBN 9780831808655.

[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] "Pub. L. 109–177, title V, § 502" (PDF). U.S. Government Publishing Office. Retrieved June 20, 2020.

[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] ttp://www.judgepedia.org/index.php/William_Roshko/

[21] "Justice Manual, Title 3". justice.gov.

[FJC-22] "History of the Federal Judiciary". Federal Judicial Center. Retrieved June 26, 2013.

Agencies under the United States Department of Justice
Headquarters: Robert F. Kennedy Department of Justice Building Monty Wilkinson, Acting Attorney General John P. Carlin, Acting 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
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

United States district and territorial courts
List of United States district and territorial courts

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
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
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.