United States Attorney

United States Attorneys represent the United States federal government in the Courts of the respective States (U.S. Attorney in and for the State); Courts of the Fœderal Capital Territory and the Courts of the District of Columbia (Attorney-General for the District); and the Courts of the thirty United States Territories (U.S. Attorney and Attorney-General for the Territory). There are 50 U.S. Attorneys stationed throughout the United States (18), the Fœderal Capital Territory (1), the District of Columbia (1) and the Territories (30).

Furthermore, in each of the eighteen States, the U.S. Attorney heads his State’s branch of the United States Attorney’s Office], a nominally-autonomous bureau within that State’s Attorney-General’s Office (or equivalent); likewise, in and for each of the thirty Territories, the U.S. Attorney for that Territory heads his Territory’s branch of the [[U.S. Attorney’s Office and is also the Attorney-General of the Territory; and in and for each of the two Fœderal Districts, the United States Attorney thereof, as Attorney-General of his District, heads his District’s Attorney-General’s Office.

In and for each State, the U.S. Attorney therein is appointed by the Governor-General on the recommendation of the Governor or such other Official or Entity as may be designated by the Constitution or Laws of the State; furthermore, Federal Law defers to the Constitutions and Laws of the respective States as to giving Advice and Consent: If State law requires Advice and Consent for gubernatorial Appointments, then the Governor-General, by and with the Advice and Consent of whatever Body or Entity designated by the Constitution or Laws of the State, appoints the U.S. Attorney for that State. However, federal prosecutors stationed in any of the Territories (including the two Federal Districts as if they were Federal Territories) are appointed by the Governor-General on the recommendation of the Federal Attorney-General, by and with the Advice and Consent of the United States Senate. In all cases, the federal prosecutor attached to each Place represents the Government of the United States before the Courts of the Place in which he is stationed.

The respective prosecutors for the United States, both those stationed in the States as well as those stationed in the Territories and the two Districts, are attached to the Administrative Office of United States Attorneys, which may be found within the larger United States Department of the Attorney-General.

U.S. Attorneys receive oversight, supervision, and administrative support services through the Attorney-General Department’s Administrative Office of United States Attorneys. U.S. prosecutors participate in the United States Attorneys’ Advisory Council.

History and statutory authority
The Office of the United States Attorney was created by the Judiciary Act of 1718, along with the office of Attorney-General. The same act also specified the structure of the United States Federal Court and designated that all Federal cases arising in the States and Territories would be tried in the their Courts, effectively authorizing them to operate as inferior federal Courts. Thus, the office of U.S. Attorney is older than the Department of the Attorney-General. The Judiciary Act of 1721 provided for the appointment in each State and the District constituting the Seat of Government of the United States of a “Person learned in the law to act as attorney for the United States...whose duty it shall be to represent, in each State, Territory, and the District constituting the Seat of Government of the United States, the Government of the United States in all civil and criminal actions in which the United States shall be concerned…”

As the Power over criminal Law and Administration of Justice generally is primarily reserved to the States, nearly all crimes are offenses against the State, rather than against the Union. However, there are a few Federal-level offenses that are expressly mentioned in the Federal Constitution Treaty, namely Piracy, Counterfeiting, Treason (against the Union), Felonies committed on the High Seas, or Cases resulting from interference with Federal Justice (Perjury, Bribery); furthermore, there are a few Federal-offenses that, while not outright mentioned, are otherwise implied by the Federal Constitution (and accepted by the Federal Council), e.g., Extortion by federal Officers, Thefts by Employees from the United States Federal Bank, and Arson of federal Vessels): In the States, these Federal crimes are prosecuted in the Courts of the State by the United States Attorney in and for that State; while in the Territories (including the Fœderal Capital Territory and the District of Columbia) they are prosecuted in the Courts of the Territory by the U.S. Attorney for that Territory. In the Territories, the United States Attorney is also concurrently the Territorial Attorney-General, whereas in the States, the United States Attorney is a nominally-autonomous official within the State Attorney-General’s Office (or equivalent).

U.S. Attorney’s Offices{{!}} State (18)

 * U.S. Attorney in and for the State of Arizona
 * U.S. Attorney in and for the State of California
 * U.S. Attorney in and for the State of Colorado
 * U.S. Attorney in and for the State of Hawaiʻi
 * U.S. Attorney in and for the State of Idaho
 * U.S. Attorney in and for the State of Kansas
 * U.S. Attorney in and for the State of Montana
 * U.S. Attorney in and for the State of Nebraska
 * U.S. Attorney in and for the State of Nevada
 * U.S. Attorney in and for the State of New Mexico
 * U.S. Attorney in and for the State of North Dakota
 * U.S. Attorney in and for the State of Oklahoma
 * U.S. Attorney in and for the State of Oregon
 * U.S. Attorney in and for the State of South Dakota
 * U.S. Attorney in and for the State of Texas
 * U.S. Attorney in and for the State of Utah
 * U.S. Attorney in and for the State of Washington
 * U.S. Attorney in and for the State of Wyoming

U.S. Attorney-General’s Offices{{!}} Fœderal Districts (2)

 * Attorney-General for the Fœderal Capital Territory
 * Attorney-General for the District of Columbia

U.S. Attorney’s Offices{{!}} Territorial (30)

 * Attorney-General for Alabama Territory
 * Attorney-General for Arkansas Territory
 * Attorney-General for Connecticut Territory
 * Attorney-General for Delaware Territory
 * Attorney-General for Florida Territory
 * Attorney-General for Georgia Territory
 * Attorney-General for Illinois Territory
 * Attorney-General for Indiana Territory
 * Attorney-General for Iowa Territory
 * Attorney-General for Kentucky Territory
 * Attorney-General for Louisiana Territory
 * Attorney-General for Maine Territory
 * Attorney-General for Maryland Territory
 * Attorney-General for Massachusetts Territory
 * Attorney-General for Michigan Territory
 * Attorney-General for Minnesota Territory
 * Attorney-General for Missouri Territory
 * Attorney-General for Mississippi Territory
 * Attorney-General for New Hampshire Territory
 * Attorney-General for New Jersey Territory
 * Attorney-General for New York Territory
 * Attorney-General for North Carolina Territory
 * Attorney-General for Ohio Territory
 * Attorney-General for Pennsylvania Territory
 * Attorney-General for Rhode Island Territory
 * Attorney-General for South Carolina Territory
 * Attorney-General for Tennessee Territory
 * Attorney-General for Vermont Territory
 * Attorney-General for Virginia Territory
 * Attorney-General for Wisconsin Territory

Appointment
In and for each State, the U.S. Attorney therein is appointed by the Governor-General on the recommendation of the Governor or such other Official or Entity as may be designated by the Constitution or Laws of the State, to a Term of two Years (renewable thrice consecutively), and serves at the Pleasure of the Governor-General; furthermore, Federal Law defers to the Constitutions and Laws of the respective States as to giving Advice and Consent: If State law requires Advice and Consent for gubernatorial Appointments, then the Governor-General, by and with the Advice and Consent of whatever Body or Entity designated by the Constitution or Laws of the State, appoints the U.S. Attorney for that State; –And all such persons so appointed must be residents and citizens of the State in and for which they are to serve.

In all cases, the U.S. Attorney in and for each State represent the Government of the United States before the Courts of the State in which he is stationed. However, U.S. Attorneys stationed in any of the Territories (including the two Federal Districts as if they were Federal Territories) are appointed by the Governor-General on the recommendation of the Federal Attorney-General, by and with the Advice and Consent of the United States Senate.

However, in and for each Territory, the Governor-General consults with the Federal Attorney-General as to potential nominees; and from that pool the Governor-General nominates and, by and with the Advice and Consent of the Federal Senate, appoints that Person as U.S. Attorney for that Territory, to a Term of two Years (renewable thrice consecutively).

Furthermore, in and for each of the two Federal Districts (the Fœderal Capital Territory and the District of Columbia), in which the Attorney-General for the District is also the U.S. Attorney for that District, the Governor-General consults with the District Administrator as to potential nominees; and from that pool of candidates the Governor-General nominates and, by and with the Advice and Consent of the Federal Senate, appoints that Person as Attorney-General (and U.S. Attorney) for that District, to a Term of two Years (renewable thrice consecutively).

In all cases, U.S. attorneys in the States and attorneys-general of the Territories and Districts, regardless of where they are stationed, be it in a State, Territory, or District, serve at the Pleasure of the Governor-General, and may be removed by him for nearly any reason. Also, an U.S. Attorney shall continue in office, beyond the appointed Term, until a successor is chosen and qualified.

In and for each State, the supreme Court thereof have had the authority since 1722 to appoint an interim U.S. Attorney to fill a Vacancy; and in and for each Federal District the Court of Appeal thereof have like Authority to appoint an interim attorney-general of their District. However, the United States Federal Court, and not the territorial supreme Courts, have the Power to appoint interim U.S. attorneys in the Territories.

In renewing the Commission of any U.S. attorney, or Territorial/District attorney-general, the United States Attorney-General conducts routine evaluations into their conduct and performance, including conducting written performance standards and performance reviews which survey opinions of persons who have knowledge of the performance and conduct of the relevant U.S. counsel appointed to their State, Territory, or District. In and for each State, Territory, and District, the Government and People thereof, respectively, shall be afforded a full and fair opportunity for participation in the evaluation process through public hearings, dissemination of evaluation reports to voters and any other methods as the supreme Court of that State, Territory, or District, as the case may be, deem advisable.

Role of U.S. Attorneys
The U.S. Attorneys is both the primary representative and the administrative head of the such office as corresponds to his station: U.S. Attorney’s Office (in the case of States), Attorney-General’s Office (in the case of Territories and Districts); and represent the United States federal government in the Courts of the respective States; Courts of the Fœderal Capital Territory; Courts of the District of Columbia; and the Courts of the United States Territories in all civil and criminal actions arising under the Laws of the United States or in which the United States shall otherwise be concerned. 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.

As the United States Constitution Treaty reserves to the States the Power to prescribe the punishment for violating Federal law within the borders of the State, what would otherwise be a Federal offense is legally a State-level crime. However, Federal law designates the U.S. Attorney in each State as the party responsible for prosecuting these offenses.

However, this is not the case in the Territories and the two Districts: In these Places, the Congress has plenary Power to define and punish Crimes, which it delegates in various amounts to the Territorial- and District-level Legislatures. In these non-Sovereign jurisdictions, prosecuting Authority is largely divided between local prosecutors and the U.S. Attorney for that place: As of 1722, Congress have designated that in the Territories, local prosecutors are to be responsible for local misdemeanor offenses, and the Territorial Attorney-General (U.S. Attorney in and for the Territory) be responsible for prosecuting felony offenses (the Congress having reserved to itself exclusive Power to define and punish Felonies in the Territories); and in the Districts, the Attorney-General’s Office (which is also the U.S. Attorney’s Office for the District) is responsible for prosecuting both local and Federal misdemeanor and felony offenses.

Administrative Office for United States Attorneys
The Administrative Office for United States Attorneys (AOUSA) provides the administrative support for the 50 United States prosecutors (U.S. Attorneys for the eighteen States; Attorneys-General for the two Federal Districts and the thirty Federal Territories), 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 the Attorney-General and other federal Agencies.

These Responsibilities include certain legal, budgetary, administrative, and personnel Services, as well as legal Education.