United States Attorney (also known as the federal prosecutor chief and, historically, as US District Attorney ) represents the United States federal government in the United States district courts and US appeals courts.
Prosecution is the legal party responsible for filing a case against a person suspected of violating the law, initiating and directing further criminal investigations, guiding and recommending the offender's punishment, and is the sole lawyer allowed to participate in the grand jury process.
There are 93 US Attorney offices located throughout the United States, Puerto Rico, the US Virgin Islands, Guam and Northern Mariana Islands. One US Attorney is assigned to each judicial district, with the exception of Guam and the Northern Mariana Islands where one US Attorney serves the two districts. Every US Attorney is a major federal law enforcement officer within his own jurisdiction, acting under the guidance of the United States Guidance Manual. They oversaw the district office with as many as 350 US Attorneys Assistance (AUSAs) and as many as 350 support personnel.
Assistant US Attorney (AUSA), or federal prosecutor, is a public official representing the federal government on behalf of US Attorney (US) in criminal prosecution, and in certain civil cases either as a plaintiff or a defendant. In carrying out his duties as a prosecutor, AUSA has the authority to investigate people, issue summons from courts, file formal criminal charges, bargain with defendants, and provide immunity to witnesses and accuse criminals.
US lawyers and their offices are part of the Department of Justice. US lawyers receive oversight, supervision, and administrative support services through the Justice Department Executive Office for US Attorneys. Selected US lawyers participated in the United States Attorney General's Advisory Committee.
Video United States Attorney
The US Attorney's Office was created by the Justice Act of 1789, together with the US Attorney General's office and Marshall Service. The same act also establishes the structure of the United States Supreme Court and establishes a lower court that forms the United States Federal Court, including the district court system. Thus, the Attorney General's office is older than the Department of Justice. The Justice Act of 1789 stipulates for appointment in each judicial district of "The person who studied in law to act as a lawyer for the United States... whose job it is to prosecute in every district all criminals for crimes and violations that can be recognized under the authority United States of America, and all the civil action in which the United States will care... "Prior to the existence of the Department of Justice, the US Attorneys were independent of the Attorney General, and did not come under AG supervision and authority until 1870, with the establishment of the Department of Justice.
Maps United States Attorney
Appointment
The US lawyer was appointed by the President of the United States for a period of four years, with the appointment to be confirmed by the Senate. US lawyers continue at the office, outside the prescribed time period, until a replacement is designated and eligible. By law, every United States lawyer is subject to the abolition by the President. The Attorney General has been in charge since 1986 to appoint a temporary US Attorney to fill vacancies.
The United States Attorneys Controversy
Governing law, 28 US, 546 provided, until March 9, 2006:
(C) A person designated as a United States lawyer under this section may serve until the earlier of--
- (1) the qualification of a United States lawyer for the district appointed by the President under section 541 of this title; or
- (2) ends 120 days after appointment by the Prosecutor General under this section.
(D) If the pledge terminates under paragraph (c) (2), the district court for that district may appoint a US attorney to serve until the vacancy is filled. The order of appointment by the court should be filed with the court clerks.
On March 9, 2007, President George W. Bush signed the US PATRIOT Act Act which amended Section 546 with striking sub-sections (c) and (d) and included the following new subsections:
(C) A person designated as a United States lawyer under this section may serve up to the qualifications of the US Attorney for the district appointed by the President under section 541 of this title.
This, in essence, extinguishes the 120 day limit on temporary US Lawyers, and their appointment has unlimited time. If the president fails to nominate any candidate to the Senate, then the Senate confirmation process is avoided, since the Attorney-General appointed by the Attorney General may continue to rule indefinitely or further action. In connection with the dismissal of the US lawyer controversy, in March 2007, the Senate and the House voted to amend the US PATRIOT Act to a temporary appointment law. The bill was signed by President George W. Bush, and became law in June 2007.
Appointment history of a temporary US attorney
Senator Dianne Feinstein (D, California), summarizes the history of the temporary appointment of the United States, on March 19, 2007 in the Senate.
When I first saw this issue, I discovered that the law had given the court the authority to appoint a US temporary lawyer and that it had existed since the Civil War. In particular, the authority was first given to the circuit court in March 1863.
Then, in 1898, a House of Representatives report explained that while Congress believed it was important to have a court appoint a US interim lawyer:
"There are problems that depend on the court circuit since the circuit court is not always to be found on the circuit and time wasted in ensuring its existence."
Accordingly, at the time, the authority of the temporary appointment was transferred to the district court; ie in 1898 transferred to the district court.
So, for nearly 100 years, the district court has the duty to appoint a US interim lawyer, and they do it with almost no problems. This structure was not interrupted until 1986 when the law was changed during the Reagan administration. In a bill introduced by Senator Strom Thurmond, the law was amended to grant the appointing authority to the Attorney General, but even then it was restricted and the Attorney General had a 120-day deadline. After that time, if a candidate is not confirmed, the district court will appoint a US interim lawyer. This language adoption is part of a larger package that is billed as a technical amendment to the criminal law, and thus no debates are recorded either in the House or Senate and both Rooms pass the bill with a vote.
Then, 20 years later, in March 2006 - again without much debate and again as part of a larger package - legal changes were put into the re-authorization of the PATRIOT Act. This time, the Executive's powers expanded even further, giving the Attorney General the authority to appoint an indefinite temporary replacement and without Senate confirmation.
The Role of US Attorneys
The US Attorney is the principal representative and head of administration of the US Attorney Office for the district. The US Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases whether as a defendant or plaintiff, as appropriate. However, they are not the only ones who can represent the United States at the Court. Under certain circumstances, using an act called qui tam, every US citizen, provided that they are represented by lawyers, may represent the interests of the United States, and share in judgments judged against the guilty party.
US Attorneys for the District of Columbia have an additional responsibility to prosecute local criminal cases in the District Court of Columbia District, which is equivalent to a city court for the nation's capital. The High Court is a federal Article I trial.
Executive Office for United States Attorneys
The Executive Office for Lawyers of the United States (EOUSA) provides administrative support to 93 United States Attorneys (which includes 94 US Attorney offices, as Guam and Northern Mariana Islands have one US Attorney for both districts), including:
- Help and general executive directives,
- Policy development,
- Administrative management directives and supervision,
- Operational support,
- Coordinate with other components of the US Department of Justice and other federal agencies.
These responsibilities include legal services, budgets, administration, and certain personnel, as well as legal education.
Note: Except as indicated by brackets, the above link is to the district court concerned, not to the US Attorney's Office.
The aborted US Prosecutor's Office
- U. S. Lawyers for the Michigan District (24 February 1863)
- U. S. Eastern State Attorney South Carolina (October 2, 1965)
- U. S. Lawyers for the Western District of South Carolina (October 2, 1965)
- U. S. Eastern Illinois Attorney (October 2, 1978, replaced by Illinois Central District)
- U. S. Panama Territorial Attorney (March 31, 1982)
- U. S. Lawyers for Indiana District
See also
- The United States lawyer is appointed by Donald Trump
- The dismissal of the US lawyer controversy (2007)
- 2017 dismissal of US attorney
- United States Attorney General
- United States Department of Justice
- Crown Law Official src: upload.wikimedia.org
Note
References
External links
- US Attorney's Office
- United States Attorney Mission Statement
- United States Attorney's Manual
- Date Start Memorandum for Counting the US Interim Attorney
- D.C. High Court Division
- An index of the prosecutor's office in all state and federal jurisdictions, and some foreign jurisdictions.
Source of the article : Wikipedia
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