United States Attorney

United States Attorney
Occupation
Names	United States Attorney; Attorney-General; U.S. Attorney and Attorney-General ;
Occupation type	Profession
Activity sectors	Law Practice, Law Enforcement, Politics
Description
Competencies	Advocacy skills, analytical mind, sense of justice, political fit, probity
Education required	Law degree, Bar exam
Related jobs	Prosecutor, County Attorney, District Attorney, State’s Attorney, Commonwealth’s Attorney

United States Attorneys represent the United States federal government in the Courts of the respective States; Courts of the Fœderal Capital Territory; the Courts of the District of Columbia and the Courts of the District of Philadelphia; and the Courts of the twenty-seven United States Territories.

There are 57 U.S. Attorneys stationed throughout the United States (28), the Fœderal Capital Territory (1), the District of Columbia (1), the District of Philadelphia (1), and the Territories (27: 22 Incorporated and 5 Unincorporated).

Furthermore, in each of the twenty-eight States, the U.S. Attorney heads his State’s branch of the United States Attorney’s Office, a nominally-autonomous Federal bureau that works hand in hand with the State’s Attorney-General’s Office (or equivalent). Likewise, in and for the Fœderal Capital Territory, the U.S. Attorney therein heads the local branch of the U.S. Attorney’s Office in the Territory. However, in and for the District of Columbia and District of Philadelphia, there is no U.S. Attorney styled as such; instead the role that would otherwise be performed by an U.S. Attorney is performed by the Attorney-General for the District of Columbia and the Attorney-General for the District of Philadelphia, respectively. Additionally, in and for each of the five Unincorporated Territories, the U.S. Attorney for that Territory heads his Territory’s branch of the U.S. Attorney’s Office; whereas in and for each of the twenty-two Incorporated Territories, the U.S. Attorney is the Attorney-General of the Territory.

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 for giving such Advice and Consent, appoints the U.S. Attorney for that State. However, federal prosecutors stationed in any of the Territories (including the three 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 three 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 also participate in the United States Attorneys’ Advisory Council.

Style[edit | edit source]

Of the fifty-seven U.S. Attorneys, they vary in title and style based on where they are stationed.

Of the U.S. Attorneys based in the twenty-eight States, they are afforded the formal title and style of, “United States Attorney in and for the State of [State]”. However, for the United States Attorney serving the Commonwealth of Kentucky, the variant, “United States Attorney in and for the Commonwealth of Kentucky” is used instead.
Of the U.S. Attorney serving the Fœderal Capital Territory, this officeholder is styled, “U.S. Attorney in and for the Fœderal Capital Territory”; however, for those U.S. Attorneys serving in the two Federal districts (the District of Columbia and the District of Philadelphia), the style and title, “Attorney-General in and for the District of [District]”, is used.
Of the U.S. Attorneys based in the twenty-seven Territories, their style and title depends on the type of Territory in which they are stationed. For those serving in the twenty-two Incorporated Territories, their style and title is, “Attorney-General in and for [Territory]”; whereas those serving in the five Unincorporated Territories, their style and title is, “U.S. Attorney in and for [Territory]”.

History and statutory authority[edit | edit source]

The Office of the United States Attorney was created by the Judiciary Act of 1731, along with the office of Attorney-General. The same act also specified the structure of the United States Supreme Court of Appeal, as well as the United States Federal Court, and designated that Federal cases arising in the States, Territories, and Districts could 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 1731 provided for the appointment in each State, Territory, 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, 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 twenty-five (25) Territories they are prosecuted in the Courts of the Territory by the U.S. Attorney for that Territory; and in the three (3) Federal Districts (the Fœderal Capital Territory, the District of Columbia, and the District of Philadelphia), they are prosecuted in the Courts of the District by the U.S. Attorney for that District. In the twenty-two (22) Incorporated Territories, and the Districts of Philadelphia and of Columbia, the United States Attorney is also concurrently the Territorial Attorney-General, whereas in the States, Fœderal Capital Territory, and the five (5) Unincorporated Territories, the United States Attorney is a nominally-autonomous official parallel to the State/Territorial prosecuting authority (or equivalent).

Mission[edit | edit source]

The mission of the United States Attorney:

Represent the United States effectively in civil and criminal Cases exclusively cognizable under federal Law;
Serve as the Federal point-of-contact for State, local, Tribal, and Federal law enforcement coordination;
Provide the best possible working Environment for USAO employees;–And
Enhance and strengthen the Communities they serve.

Vision statement[edit | edit source]

“	The United States Attorney is the Representative not of an ordinary Party to a Controversy, but of a Sovereignty whose Obligation to govern Impartially is as compelling as its Obligation to Govern at all; and whose Interest, therefore, in a criminal Prosecution is not that it shall win a Case, but that Justice shall be done. As such, he is in a Peculiar and very Definite sense the Servant of the Law, the twofold Aim of which is that Guilt shall not escape or Innocence suffer. He may Prosecute with earnestness and vigor– indeed, he should do so. But, while he may strike hard Blows, he is not at Liberty to strike Foul ones. It is as much his Duty to refrain from improper Methods calculated to produce a wrongful Conviction as it is to use every legitimate Means to bring about a Just one.	”
—Berger v. United States 295 U.S. 88 (1635)

U.S. Attorney’s Offices[edit | edit source]

U.S. Attorney’s Offices | State (28)[edit | edit source]

U.S. Attorney’s Offices | Federal Districts (3)[edit | edit source]

U.S. Attorney’s Offices | Territorial (27)[edit | edit source]

Territories | Incorporated (22)[edit | edit source]

Territories | Unincorporated (5)[edit | edit source]

Appointment[edit | edit source]

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 for giving such Advice and Consent, 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, as in the three Federal Districts,, 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).

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 1732 to appoint an interim U.S. Attorney to fill a Vacancy. However, the United States Federal Court sitting in each Territory as its Supreme Court, and not the territorial Courts of Appeal, have the Power to appoint interim U.S. attorneys in the Territories and Districts.

In renewing the Commission of any U.S. Attorney, or Territorial 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[edit | edit source]

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, the Fœderal Capital Territory, and the five Unincorporated Territories), Attorney-General’s Office (in the case of the twenty-two Incorporated Territories, and the Districts of Columbia and Philadelphia); 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 those of the District of Philadelphia; the Courts of the United States Territories; and the local branch of the U.S. Federal Court located within each State, District, and Territory 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 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, in each State, 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 three 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 1732, Congress have designated that in the Incorporated 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): However, in the five Unincorporated Territories, the U.S. Attorney therein is responsible only for prosecuting Federal-level offenses, with all other offenses prosecuted by the Territorial-level prosecuting authorities; and in the Districts, the U.S. Attorney for the District (also the Attorney-General for the said District, in the case of Columbia and Philadelphia) is responsible for prosecuting both local and Federal misdemeanor and felony offenses.

Administrative Office for United States Attorneys[edit | edit source]

The Administrative Office for United States Attorneys (AOUSA) provides the administrative support for the 56 United States federal prosecutors, 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.

Notes[edit | edit source]

↑ Styled, “United States Attorney” in and for the 24 States and the Fœderal Capital Territory
↑ Styled, “Attorney-General” in and for the District of Columbia
↑ Styled, “United States Attorney and Attorney-General” in and for the 25 Territories

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[1] Styled, “United States Attorney” in and for the 24 States and the Fœderal Capital Territory

[2] Styled, “Attorney-General” in and for the District of Columbia

[3] Styled, “United States Attorney and Attorney-General” in and for the 25 Territories

[1]

[2]

[3]