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 President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

and confirmed by the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

, 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 ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...

, the

U.S. Virgin Islands The United States Virgin Islands, officially the Virgin Islands of the United States, are a group of Caribbean islands and a territory of the United States. The islands are geographically part of the Virgin Islands archipelago and are located ...

Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...

, and the

Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI), is an Territories of the United States, unincorporated territory and Commonwealth (U.S. insular area), commonwealth of the United States consistin ...

. 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 The ''Justice Manual'' (known before 2018 as 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 responsibl ...

''. 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 The Executive Office for United States Attorneys (EOUSA) is the office within the Department of Justice that provides executive and administrative support for the 93 United States Attorneys located throughout the 50 states, District of Columbia, ...

. Selected U.S. attorneys participate in the

Attorney General's Advisory Committee of United States Attorneys The Attorney General's Advisory Committee of United States Attorneys (AGAC), is a committee of the United States Department of Justice. History The creation of the committee was first announced in 1973 by Attorney General Elliot Richardson. Attor ...

History and statutory authority

The Office of the United States Attorney was created by the

Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article Three of th ...

, along with the office of

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

and

United States Marshal The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...

. The same act also specified the structure of the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

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 The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...

for a term of four years, with appointments subject to

confirmation In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant (religion), covenant created in baptism. Those being confirmed are known as confirmands. The ceremony typically involves laying on o ...

by the

. 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, 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 Dianne Emiel Feinstein (; June 22, 1933 – September 29, 2023) was an American politician who served as a United States senator from California from 1992 until her death in 2023. A member of the Democratic Party, she served as the 38th ...

(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 is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

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 In common law, a writ of ''qui tam'' is a writ through which private citizen, private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the p ...

'', 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 The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...

assets but also includes other agencies under the Department of Justice, such as the

Bureau of Alcohol, Tobacco and Firearms The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevention ...

and

Drug Enforcement Administration The Drug Enforcement Administration (DEA) is a Federal law enforcement in the United States, United States federal law enforcement agency under the U.S. Department of Justice tasked with combating illicit Illegal drug trade, drug trafficking a ...

. Additionally, U.S. attorneys cooperate with other non-DOJ law enforcement agencies – such as the

United States Secret Service The United States Secret Service (USSS or Secret Service) is a federal law enforcement agency under the Department of Homeland Security tasked with conducting criminal investigations and providing protection to American political leaders, thei ...

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 Superior Court of the District of Columbia, commonly referred to as DC Superior Court, is the trial court for the District of Columbia, in the United States. It hears cases involving Criminal justice, criminal, Civil law (common law), civi ...

, 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

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 The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...

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,

, the

, and the

. 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

US Court of Appeals and District Court map

Defunct U.S. attorneys' offices

Notes

References

External links

US Attorneys Office

United States Attorneys Mission Statement

United States Attorneys' Manual

* ttps://www.justice.gov/usao/dc/Divisions/index.html D.C. Superior Court Division
Index of prosecuting offices in all state and federal jurisdictions, and some foreign jurisdictions.

Lawyers New U.S. Attorney
{{authority control United States Department of Justice agencies Lawyers by type Prosecution services