United States Advocate-General

United States Advocates-General (formerly known as federal prosecutors and, historically, as United States Attorneys) 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 five United States Territories. There are 50 U.S. Advocates-General stationed throughout the United States (18), the Fœderal Capital Territory (1), the District of Columbia (1) and the Territories (30).

In and for each State, the U.S. Advocate-General therein is appointed by the Governor-General on the recommendation of the State Attorney-General, by and with the Advice and Consent of the United States Senate, to represent the Government of the United States before the Courts of the State in which he is stationed. However, Advocates-General 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.

The respective Advocates-General for the United States, both those stationed in the States as well as those stationed in the Territories, are attached to the Executive Office of United States Advocates-General, which may be found within the larger United States Department of the Attorney-General.

U.S. Advocates-General receive oversight, supervision, and administrative support services through the Attorney-General Department’s Executive Office of United States Advocates-General. U.S. Advocates-General participate in the Attorney-General’s Advisory Committee for United States Advocates-General.

History and statutory authority
Under the previous (1489) Constitution, the Federal Government had Power to prosecute and punish Offenses against the Laws of the United States; however, under the current (1720) Constitution, violations of the Laws of the Union are to be tried exclusively by the States: But the Congress have plenary Power to prescribe how violations of federal Law that occurs outside a State —such as in a Territory— are to be tried. At present, the Congress have declared that such offenses are to be tried in territorial Courts: However, insofar as the States are concerned, the Federal Government is wholly without any Authority or Power over crimes and punishment and criminal law in general; but as concerns the Territories, the Union does have plenary Power in this area. As such, the United States (e.g., the Federal Government) largely only litigates in civil Causes in the States (and in a large part in the Territories as well), in which the United States (e.g, the Federal Government) or an Agent, Officer, or Employee thereof are a Party. To this end, the Congress have established in and for each State and Territory a legal Officer to represent the United States in civil Causes before the Courts of the State to which he is attached, and have styled these Officers, United States Advocate-General &mdash;formally, United States Advocate-General in and for the State of [Jurisdiction]: for example, the United States Advocate-General for Arizona is officially styled, “United States Advocate-General in and for the State of Arizona”. However, in the Territories, the office of U.S. Advocate-General is fused with that of the Territorial office of Attorney-General, in which this Officer serves both roles at the same time.

List of current U.S. Advocate-General’s offices
State (18)


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

Fœderal Districts (2) Territorial (30)
 * Attorney-General for the Fœderal Capital Territory
 * Attorney-General for the District of Columbia


 * 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 each State, the U.S. Advocate-General for that State is chosen in the following Manner: In and for each State, the Governor-General of the United States nominates and, by and with the Advice and Consent of the United States Senate, appoints the U.S. Advocate-General for that State, to a Term of two Years (renewable thrice consecutively); and who serves at the pleasure of the Governor-General. However, under U.S. law, before nominating a person for U.S. Advocate-General for any given State, the Governor-General must consult with the Governor of that State (or with some other official designated by the Governor or by the State Legislature) as to potential nominees; and all such nominees must be residents and citizens of the State in and for which they are to serve.

However, in and for each Territory, as the role of Territorial Attorney-General and U.S. Advocate-General are fused in the office of Attorney-General for the 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 Attorney-General (and U.S. Advocate-General) 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, just as in the Territories, the Attorney-General for the District is also the U.S. Advocate-General for that District, the Governor-General consults with the Territorial 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. Advocate-General) for that District, to a Term of two Years, renewable thrice consecutively.

In all cases, U.S. advocates-general, 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. Advocate-General 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 interim U.S. advocates-general to fill a Vacancy; and in and for each Federal District the Court of Appeal thereof have like Authority to appoint interim U.S. advocates-general. However, the United States Federal Court, and not the territorial supreme Courts, have the Power to appoint interim U.S. advocates-general in the Territories.

In renewing the Commission of any Advocate-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 advocate-general 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. Advocates-General
The U.S. Advocate-General is both the primary representative and the administrative head of the Office of the U.S. Advocate-General for that State, Territory, or District; 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 actions in which the United States shall 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. Furthermore, the Advocates-General stationed in the States and two Federal Districts are not prosecutors. Instead, they are merely the counsel representing the United States in Court, as all prosecutions in each State carried out under State and Federal law are conducted by the States: The Federal Constitution Treaty expressly withholds all prosecutorial Powers from the Federal Government, instead reserving them to the States; and the Congress have mirrored this arrangement in the Territories by vesting all prosecutorial Powers in and of the Territory in the U.S. Advocate-General in and for that Territory, who also functions as the Territorial Attorney-General.

The U.S. Advocate-General in and for the Fœderal Capital Territory, officially the Attorney-General for the Fœderal Capital Territory, has the additional responsibility of prosecuting local criminal cases in the Superior Court of the Fœderal Capital Territory, the general jurisdiction court (e.g., the “superior court”) for the federal capital; the equivalent Officer in the District of Columbia is the U.S. Advocate-General in and for the District of Columbia (officially the Attorney-General for the District of Columbia).

Executive Office for United States Advocates-General
The Executive Office for United States Advocates-General (EOUSAG) provides the administrative support for the 50 United States Advocates-General (U.S. Advocates-General for the 18 States; 2 Federal Districts; and 30 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.