United States Attorney

Federal executive officer whose principal responsibility is to prosecute violations of federal civil and criminal law. The position of United States Attorney was established by the Judiciary (Judicial Personnel issue) Act of 1789. A U.S. attorney is appointed to a four-year term by the president with Senate confirmation required. Each federal judicial district has one U.S. attorney, who is aided by a number of assistant U.S. attorneys. In addition to prosecuting criminal cases, U.S. attorneys and their assistants defend the interests of the United States in federal district court. U.S. attorneys have considerable discretion in determining which criminal cases to prosecute and which civil cases to settle or pursue to trial. As a result, the U.S. attorney has substantial impact on the docket of the U.S. district courts.

Analysis and Relevance

A U.S. attorney is usually appointed as a political reward. Virtually all the lawyers appointed to the positions are members of the president’s party. While the terms are four years, U.S. attorneys may be reappointed or removed by a president at any time. When presidential administrations change, U.S. attorneys typically resign their positions so the incoming president may appoint a full compliment of new U.S. attorneys. The U.S. attorneys are tightly linked to the Attorney General of the United States ( U.S.) and the Justice Department. U.S. attorneys function under the general supervision of the attorney general, and all assistant U.S. attorneys are appointed by the attorney general although the U.S. attorney typically forwards the names of his or her preferences for formal ratification. It is through the supervisory function of the attorney general that similar performance objectives are established for all U.S. attorneys. Although federal and state jurisdictions are generally separate, the U.S. attorney provides linkage to state and local law enforcement authorities in those few areas where federal and state criminal law overlaps. Service as a U.S. attorney is often a stepping-stone to a federal judgeship.

Notes and References

Definition of United States Attorney from the American Law Dictionary, 1991, California