United States Attorney - AbsoluteAstronomy.com

United States Attorneys (also known as federal prosecutors and, historically, as United States District Attorneys) represent the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

federal government

Federal government of the United States

The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

in United States district court

United States district court

The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

and United States court of appeals

United States court of appeals

The United States courts of appeals are the intermediate appellate courts of the United States federal court system...

. There are 93 U.S. Attorneys stationed throughout the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Puerto Rico

Puerto Rico

Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...

, the U.S. Virgin Islands

United States Virgin Islands

The Virgin Islands of the United States are a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles.The U.S...

, Guam

Guam

Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...

, and the Northern Mariana Islands

Northern Mariana Islands

The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean. It consists of 15 islands about three-quarters of the way from Hawaii to the Philippines...

. One U.S. Attorney is assigned to each of the judicial districts

United States federal judicial district

For purposes of the federal judicial system, Congress has divided the United States into judicial districts. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico...

, 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
United States Attorneys' Manual
The United States Attorneys' Manual is a looseleaf text designed as a quick and ready reference for United States Attorneys and other employees of the United States Department of Justice responsible for the prosecution of violations of federal law...

. They supervise district offices of as many as 350 assistant United States attorneys, with as many as 350 more support personnel.

U.S. Attorneys and their offices are part of the Department of Justice

United States Department of Justice

The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

. 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

Judiciary Act of 1789

The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...

, along with the office of Attorney General

United States Attorney General

The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

. The same act also specified the structure of the Supreme Court of the United States

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

and established inferior courts making up the United States Federal Judiciary

United States federal courts

The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

, 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

The U.S. Attorney is appointed by the President of the United States

President of the United States

The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

for a term of four years, with appointments subject to confirmation by the Senate

United States Senate

The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

. A U.S. Attorney shall continue 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

United States 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, provided, up until March 9, 2007:

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

USA PATRIOT Act

The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...

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

Dismissal of U.S. attorneys controversy

The dismissal of U.S. Attorneys controversy was initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the George W. Bush administration's Department of Justice. Congressional investigations focused on whether the Department of Justice and the White...

, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act

USA PATRIOT Act

The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...

to the interim appointment statute. The bill was signed by President G.W. Bush, and became law in June 2007.

History of interim U.S. Attorney appointments

Senator Dianne Feinstein

Dianne Feinstein

Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....

(D, California), summarized the history of interim United States Attorney appointments, on March 19, 2007 in the Senate.

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

Criminal law

Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

cases, and represents the United States in civil law

Civil law (common law)

Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

cases as either the defendant or plaintiff, as appropriate.

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

Superior Court of the District of Columbia

The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses...

, the equivalent of a municipal court for the national capital.

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
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

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

Guam

, the Northern Mariana Islands

Northern Mariana Islands

, Puerto Rico

Puerto Rico

, and the U.S. Virgin Islands. It was organized by Ninth Circuit Court of Appeals judge

United States Court of Appeals for the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...

James R. Browning, who also served as its first chief.

List of current U.S. Attorneys' offices

U.S. Attorney for the Middle District of Alabama
U.S. Attorney for the Northern District of Alabama
U.S. Attorney for the Southern District of Alabama
U.S. Attorney for the District of Alaska
U.S. Attorney for the District of Arizona
U.S. Attorney for the Eastern District of Arkansas
U.S. Attorney for the Western District of Arkansas
U.S. Attorney for the Central District of California
U.S. Attorney for the Eastern District of California
U.S. Attorney for the Northern District of California
U.S. Attorney for the Northern District of California
The United States Attorney for the Northern District of California is the United States Attorney responsible for representing the federal government in the United States District Court for the Northern District of California....
U.S. Attorney for the Southern District of California
U.S. Attorney for the District of Colorado
U.S. Attorney for the District of Connecticut
U.S. Attorney for the District of Delaware
U.S. Attorney for the District of Columbia
U.S. Attorney for the Middle District of Florida
U.S. Attorney for the Northern District of Florida
U.S. Attorney for the Southern District of Florida
U.S. Attorney for the Middle District of Georgia
U.S. Attorney for the Northern District of Georgia
U.S. Attorney for the Southern District of Georgia
U.S. Attorney for the Districts of Guam and the Northern Mariana Islands
U.S. Attorney for the Districts of Guam and the Northern Mariana Islands
The United States District Court for the District of Guam is the Federal district court whose jurisdiction is the Territory of Guam.The United States District Court for the Northern Mariana Islands is the Federal district court whose jurisdiction is the United States Commonwealth of the Northern...
U.S. Attorney for the District of Hawaii
U.S. Attorney for the District of Idaho
U.S. Attorney for the Central District of Illinois
U.S. Attorney for the Northern District of Illinois
U.S. Attorney for the Southern District of Illinois
U.S. Attorney for the Northern District of Indiana
U.S. Attorney for the Southern District of Indiana
U.S. Attorney for the Northern District of Iowa
United States District Court for the Northern District of Iowa
The United States District Court for the Northern District of Iowa has jurisdiction over fifty-two of Iowa's ninety-nine counties. It is subject to the Eighth Circuit Court of Appeals The United States District Court for the Northern District of Iowa (in case citations, N.D. Iowa) has jurisdiction...
U.S. Attorney for the Southern District of Iowa
U.S. Attorney for the Southern District of Iowa
The United States Attorney for the Southern District of Iowa is the United States Attorney responsible for representing the federal government in the United States District Court for the Southern District of Iowa....
U.S. Attorney for the District of Kansas
U.S. Attorney for the Eastern District of Kentucky
U.S. Attorney for the Western District of Kentucky
U.S. Attorney for the Eastern District of Louisiana
United States District Court for the Eastern District of Louisiana
The U.S. District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. Like all U.S...
U.S. Attorney for the Middle District of Louisiana
United States District Court for the Middle District of Louisiana
The United States Court for the Middle District of Louisiana comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana. Court is held at the United States Courthouse in Baton Rouge, Louisiana...
U.S. Attorney for the Western District of Louisiana
United States District Court for the Western District of Louisiana
The United States District Court for the Western District of Louisiana is a United States federal court with jurisdiction over approximately two thirds of the state of Louisiana, with courts in Alexandria, Lafayette, Lake Charles, Monroe and Shreveport...
U.S. Attorney for the District of Maine
U.S. Attorney for the District of Maryland
U.S. Attorney for the District of Maryland
The U.S. Attorney for the District of Maryland is the chief federal law enforcement officer for the State of Maryland. Rod J. Rosenstein is the U.S. Attorney for the District....
U.S. Attorney for the District of Massachusetts
U.S. Attorney for the Eastern District of Michigan
U.S. Attorney for the Western District of Michigan
U.S. Attorney for the District of Minnesota
U.S. Attorney for the Northern District of Mississippi
U.S. Attorney for the Southern District of Mississippi
U.S. Attorney for the Eastern District of Missouri
U.S. Attorney for the Western District of Missouri
U.S. Attorney for the District of Montana
U.S. Attorney for the District of Nebraska
U.S. Attorney for the District of Nevada
U.S. Attorney for the District of New Hampshire
U.S. Attorney for the District of New Jersey
U.S. Attorney for the District of New Mexico
U.S. Attorney for the Eastern District of New York
U.S. Attorney for the Northern District of New York
U.S. Attorney for the Southern District of New York
U.S. Attorney for the Southern District of New York
The U.S. Attorney for the Southern District of New York is the chief federal law enforcement officer in eight New York counties: New York , Bronx, Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Preet Bharara, who was appointed by Barack Obama in 2009 is the U.S. Attorney for the...
U.S. Attorney for the Western District of New York
U.S. Attorney for the Eastern District of North Carolina
U.S. Attorney for the Middle District of North Carolina
U.S. Attorney for the Western District of North Carolina
U.S. Attorney for the District of North Dakota
U.S. Attorney for the Northern District of Ohio
U.S. Attorney for the Southern District of Ohio
U.S. Attorney for the Eastern District of Oklahoma
U.S. Attorney for the Northern District of Oklahoma
U.S. Attorney for the Western District of Oklahoma
U.S. Attorney for the District of Oregon
U.S. Attorney for the Eastern District of Pennsylvania
U.S. Attorney for the Middle District of Pennsylvania
U.S. Attorney for the Western District of Pennsylvania
U.S. Attorney for the District of Puerto Rico
U.S. Attorney for the District of Rhode Island
U.S. Attorney for the District of South Carolina
U.S. Attorney for the District of South Dakota
U.S. Attorney for the Eastern District of Tennessee
U.S. Attorney for the Middle District of Tennessee
U.S. Attorney for the Western District of Tennessee
U.S. Attorney for the Eastern District of Texas
U.S. Attorney for the Northern District of Texas
U.S. Attorney for the Southern District of Texas
U.S. Attorney for the Western District of Texas
U.S. Attorney for the District of Utah
U.S. Attorney for the District of Vermont
U.S. Attorney for the District of the Virgin Islands
U.S. Attorney for the Eastern District of Virginia
U.S. Attorney for the Western District of Virginia
U.S. Attorney for the Eastern District of Washington
U.S. Attorney for the Western District of Washington
U.S. Attorney for the Northern District of West Virginia
U.S. Attorney for the Southern District of West Virginia
U.S. Attorney for the Eastern District of Wisconsin
U.S. Attorney for the Western District of Wisconsin
U.S. Attorney for the District of Wyoming

Defunct U.S. Attorney's offices

U.S. Attorney for the District of Michigan
U.S. Attorney for the Eastern District of South Carolina
U.S. Attorney for the Western District of South Carolina

External links

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