United States Attorney

United States Attorney
Occupation
Occupation type	Profession
Activity sectors	Law, Law Enforcement
Description
Competencies	Advocacy skills, analytical mind, sense of justice
Education required	Law degree, Bar exam
Related jobs	Prosecutor, District Attorney, State's attorney, Commonwealth's attorney

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.^[7]

Appointment

The U.S. Attorney is appointed by the President of the United States^[8] for a term of four years,^[9] with appointments subject to confirmation by the Senate. A U.S. Attorney shall continue in office, beyond the appointed term, until a successor is appointed and qualified.^[10] By law, each United States attorney is subject to removal by the President.^[11] 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

Main article: Dismissal of U.S. Attorneys controversy

The governing statute, 28 U.S.C. § 546 provided, up until March 9, 2007:

(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^[12] 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.^[13]^[14]

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.^[15]

“

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.^[16]^[17] 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.^[18]^[19]

Executive Office for United States Attorneys

The Executive Office for United States Attorneys (EOUSA)^[20] 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

Defunct U.S. Attorney's offices

This list is incomplete; you can help by expanding it.

U. S. Attorney for the District of Michigan (February 24, 1863)^[21]
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

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.
↑ William M. McKinney, William Mark McKinney, Burdett Alberto Riched (1918). 22. Ruling Case Law. Edward Thompson Co. p. 103.
↑ Standards on Prosecutorial Investigations
↑ "US Attorneys' Manual". usdoj.gov.
↑ "United States Attorney Office for the District of Columbia". usdoj.gov. Retrieved November 10, 2007.
↑ 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. Cite uses deprecated parameter |coauthors= (help) Partial access online. Google Books.
↑ 28 U.S.C. § 541(a).
↑ 28 U.S.C. § 541(b).
↑ 28 U.S.C. § 541(b)
↑ 28 U.S.C. § 541(c).
↑ E:\PUBLAW\PUBL177.109 "US Politics Blog" Check |url= value (help) (PDF). uspolitics.about.com. Retrieved November 30, 2010.
↑ "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.
↑ "Martindale"
↑ "Judgepedia"
↑ "US Attorneys' Manual, Title 3". usdoj.gov.
↑ "History of the Federal Judiciary". Federal Judicial Center. Retrieved 2013-06-26.

External links

Wikimedia Commons has media related to United States Attorneys.

Agencies under the United States Department of Justice

Headquarters: Robert F. Kennedy Department of Justice Building Loretta Lynch, Attorney General Sally Quillian Yates, Deputy Attorney General

Deputy Attorneys General	Justice Management Division Criminal Division National Security Division Bureau of Alcohol, Tobacco, Firearms and Explosives Drug Enforcement Administration Federal Bureau of Investigation Federal Bureau of Prisons National Institute of Corrections United States Marshals Service Executive Office for Immigration Review Office of Attorney Recruitment and Management Office of the Federal Detention Trustee Office of Intelligence Policy and Review Office of the Pardon Attorney Office of Privacy and Civil Liberties Office of Professional Responsibility Office on Sexual Violence and Crimes against Children Office of Tribal Justice Professional Responsibility Advisory Office United States Attorneys INTERPOL, U.S. National Central Bureau National Drug Intelligence Center United States Parole Commission Office of Legal Counsel

Associate Attorneys General	Office of Justice Programs Office of Dispute Resolution Office on Violence Against Women Community Oriented Policing Services Office of Information Policy Foreign Claims Settlement Commission Antitrust Division Civil Division Civil Rights Division Environment and Natural Resources Division Tax Division United States Trustee Program Community Relations Service Office of Legal Policy

Assistant Attorneys General	Antitrust Division Civil Division Civil Rights Division Criminal Division National Security Division Environmental 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 (N, M, S) Alaska Arizona Arkansas (E, W) California (C, E, N, S) Colorado Connecticut Delaware District of Columbia Florida (N, M, S) Georgia (N, M, S) Hawaii Idaho Illinois (N, C, 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 United States District Court for the District of Orleans District of Potomac Eastern District of Illinois District of the Canal Zone District of China

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United States Attorney

History and statutory authority

Appointment

United States Attorneys controversy

History of interim U.S. Attorney appointments

Role of U.S. Attorneys

Executive Office for United States Attorneys

List of current U.S. Attorneys' offices

Defunct U.S. Attorney's offices

See also

References

External links