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 The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a f ...

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: Automobiles * Nissan President, a 1966–2010 Japanese ...

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 Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...

, the U.S. Virgin Islands,

Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...

, and the

Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...

. 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 A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

. 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. Attorn ...

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 III, Sec ...

, along with the office of

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

and

United States Marshal The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforcem ...

. 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 U.S. Federal tribunals in the United States, 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 of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...

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 created in baptism. Those being confirmed are known as confirmands. For adults, it is an affirmation of belief. It involves laying on ...

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

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 On December 7, 2006, the George W. Bush Administration's Department of Justice ordered the unprecedented midterm dismissal of seven United States attorneys. Congressional investigations focused on whether the Department of Justice and the White ...

, in March 2007 the Senate and the House voted to re-instated the 120-day term limit on interim attorneys. 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 Goldman Berman Feinstein ( ; born Dianne Emiel Goldman; June 22, 1933) is an American politician who serves as the senior United States senator from California, a seat she has held since 1992. A member of the Democratic Party, she wa ...

(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 prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most 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 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 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 prosecution. It ...

'', 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 and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice ...

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 the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevent ...

and

Drug Enforcement Administration The Drug Enforcement Administration (DEA; ) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the U.S. It is the lead agency for domestic en ...

. 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 charged with conducting criminal investigations and protecting U.S. political leaders, their families, and ...

and

Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...

– 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 and civil law, as well as family court, landlor ...

, 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 federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...

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 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

US Court of Appeals and District Court map

# 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 The United States District Court for the Western District of Arkansas (in case citations, W.D. Ark.) is a federal court in the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appeal ...

# 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 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. The Northern Distr ...

(USAO) # U.S. Attorney for the Southern District of California # U.S. Attorney for the District of Colorado # U.S. Attorney for the District of Columbia # U.S. Attorney for the District of Connecticut # U.S. Attorney for the District of Delaware #

U.S. Attorney for the Middle District of Florida The United States Attorney for the Middle District of Florida is the United States Attorney responsible for representing the Federal government of the United States, federal government in the United States District Court for the Middle District of F ...

(USAO) # U.S. Attorney for the Northern District of Florida # U.S. Attorney for the Southern District of Florida (USAO) # 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 The United States District Court for the Southern District of Georgia (in case citations, S.D. Ga.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appea ...

# U.S. Attorney for the Districts of Guam and the Northern Mariana Islands (USAO) # U.S. Attorney for the District of Hawaii (USAO) # 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 The United States District Court for the Northern District of Illinois (in case citations, N.D. Ill.) is the federal United States district court, trial-level court with jurisdiction over the northern counties of Illinois. Appeals from the Nor ...

# U.S. Attorney for the Southern District of Illinois # U.S. Attorney for the Northern District of Indiana (USAO) # U.S. Attorney for the Southern District of Indiana # U.S. Attorney for the Northern District of Iowa # U.S. Attorney for the Southern District of Iowa (USAO) # 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 The United States District Court for the Western District of Kentucky (in case citations, W.D. Ky.) is the federal district court for the western part of the state of Kentucky. Appeals from the Western District of Kentucky are taken to the Unite ...

U.S. Attorney for the District of New Jersey The U.S. Attorney for the District of New Jersey is the chief federal law enforcement officer in New Jersey. On December 16, 2021, Philip R. Sellinger was sworn in as U.S. Attorney. The U.S. District Court for the District of New Jersey has juri ...

(USAO) # U.S. Attorney for the District of New Mexico #

U.S. Attorney for the Eastern District of New York The United States Attorney for the Eastern District of New York is the chief federal law enforcement officer in five New York (state), New York counties: Kings County, New York, Kings (Brooklyn), Queens, Richmond County, New York, Richmond (State ...

Defunct U.S. attorneys' 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

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