United States Attorney

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United States Attorneys (also known as chief federal prosecutors and, historically, as United States District Attorneys) 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.

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. They supervise district offices with as many as 350 Assistant U.S. Attorneys (AUSAs) and as many as 350 support personnel.

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.

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.

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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.

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Appointment

The U.S. Attorney is 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

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 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.

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.

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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 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.

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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 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

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)
• 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

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.

Source of the article : Wikipedia