how to hold states attorney generals accountable

by Ryan Effertz 7 min read

How can we hold Das accountable?

It’s on us–the public–to hold DAs accountable. We need to use our elections to demand that DAs take a different approach in the criminal justice system. However, in roughly the last 10 years in Oregon nearly 80% of district attorney elections were uncontested and roughly 40% of people who voted in elections decided not to cast a vote for the DA.

What does attorney general Maura Healey look to hold gun manufacturers accountable?

Springfield Attorney General Maura Healey looks to hold gun manufacturers accountable for facilitating ‘dangerous individuals’ Updated: Feb. 01, 2022, 5:03 p.m. | Published: Feb. 01, 2022, 5:03 p.m.

Can the state bar hold prosecutors accountable for ethics violations?

Nonetheless, complaints to the state bar are one of the only ways to hold prosecutors accountable for misconduct, but the reporting process is flawed. The people most likely to know about ethics violations — defense attorneys and people in the criminal justice system — are reluctant to speak up.

Are Oregon prosecutors doing enough to hold them accountable for misconduct?

The Oregon State Bar has some of the fewest rules in the country that are specific to the role of the prosecutor, so often their hands are tied too. Nonetheless, complaints to the state bar are one of the only ways to hold prosecutors accountable for misconduct, but the reporting process is flawed.

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Who oversees the US attorney general?

The U.S. Attorney General is nominated by the President and confirmed by the Senate.

What is the most important duty of state attorney general?

They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.

Who can fire a US attorney?

The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney.

How long do US attorney generals serve?

four-yearUnder the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

How do you get rid of the attorney General of the United States?

Technically, no sitting President has ever fired an Attorney General they nominated to office with Senate approval. But President Trump clearly has the power to remove Sessions, based on the Constitution and past legal decisions. And most importantly, he can ask for his resignation.

Can Ag be removed from office?

He can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

Are US attorneys appointed for life?

Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. Each United States attorney is subject to removal by the President.

How much does the Attorney General of the United States make?

Salary Ranges for Attorney Generals The middle 57% of Attorney Generals makes between $101,019 and $254,138, with the top 86% making $560,998.

What is the difference between Attorney General and Chief Justice?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.

How much does the US Attorney for the Southern District of New York make?

Audrey Strauss, the new acting U.S. attorney for the Southern District of New York, reported income of about $1.5 million in a 2018 financial disclosure, before rejoining the office she now heads.

Who is the Attorney General of California?

California Attorney General Rob Bonta announced an agreement in August with the city of Bakersfield to overhaul its police department.

Who is the Illinois Attorney General?

Illinois Attorney General Raoul announced an investigation into the Joliet Police Department after a USA Today report documented officers who had taken custody of an arrestee who swallowed drugs, the conduct of the arresting officers, and an allegation of retaliation against a sergeant who provided information about the case to the media without his department's permission.

What does Wexler say about the lack of a national standard for anything related to policing?

Wexler said that the lack of a single national standard for anything related to policing creates issues for police departments which are often required to implement some change to their policies and conduct as a result of the investigations.

What is the Justice Department's pattern or practice?

The Justice Department revealed a "pattern-or-practice of constitutional violations," including excessive force and racially biased arrests. The probe ultimately led to the implementation of a federal consent decree in 2017 mandating systemic reform.

What is the agreement between the police department and the Department of Justice?

That agreement is known as a consent decree , and there's usually a lawyer or law firm paid by the city to make sure the department implements reforms as outlined in the agreement.

Which states have the authority to investigate police?

In recent years, at least three state attorneys general have initiated investigations. Illinois and Colorado each gave their attorneys general the authority to investigate local police departments for problematic patterns, and California's attorney general has had that authority for years.

Can the federal government take on every case nationwide?

State officials have been initiating investigations into local police departments, recognizing that the federal government can't take on every case nationwide. Their move into this area of police reform is in part filling a gap created by the Trump administration, which all but stopped opening pattern or practice investigations into local police departments.

Who has the power to choose the district attorney?

But the public has the power to choose the district attorney in their county and to communicate what values they want to see reflected in that office. In each election, we can send a message that we want our district attorneys to chart a better path.

What is the power of the state legislature?

The state legislature has power to regulate the conduct of prosecutors, and it has. However, most of the rules are narrowly focused. For example, the legislature has a rule requiring the prosecutor to turn over certain evidence to the defense team.

Why are district attorneys important?

District attorneys are powerful because they make big decisions about people’s lives. They control the fate of the Oregonians in the criminal justice system; and they influence what happens to those people’s families and their communities. And organization and agencies rarely look over their shoulder or check their work.

Why can't the courts check DA power?

But their roles are limited, and we cannot depend on them to send the loud and clear message that is needed: The courts cannot adequately check DA power because the Supreme Court of the United States has granted prosecutors almost absolute immunity against civil rights laws when exercising their discretion.

How many people in Oregon voted not to vote for the DA?

However, in roughly the last 10 years in Oregon nearly 80% of district attorney elections were uncontested and roughly 40% of people who voted in elections decided not to cast a vote for the DA. In a healthy democracy, no elected official should be guaranteed reelection.

Do prosecutor lawyers have clients?

Prosecutors don’t have clients like normal lawyers. Their client is the general public. The Oregon State Bar has some of the fewest rules in the country that are specific to the role of the prosecutor, so often their hands are tied too.

Can prosecutors be held accountable for misconduct?

Nonetheless, complaints to the state bar are one of the only ways to hold prosecutors accountable for misconduct, but the reporting process is flawed. The people most likely to know about ethics violations — defense attorneys and people in the criminal justice system — are reluctant to speak up.

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Scrutiny’S on Law Enforcement in More Ways

  • Consent decreesare an uncommon tool of last resort used by the Department of Justice to reform hesitant police departments, first by investigating how they work and then using the findings of the investigation to force their city or county government into an agreement to change. The Department of Justice has done a few dozen of these investigations...
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State AGS Launch Probes Into Police

  • Police departments targeted by investigations launched by attorneys general are typically in large cities and often follow scandals or high-profile deaths of people in police custody. It’s common for investigators to find problems with training, supervision, or policies. After the investigation, there’s typically an agreement negotiated between the municipality that oversees the police departmen…
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The Trouble with Consent Decrees

  • Illinois Attorney General Raoul announced aninvestigation into the Joliet Police Department after a USA Today report documented officers who had taken custody of an arrestee who swallowed drugs, the conduct of the arresting officers, and an allegation of retaliation against a sergeant who provided information about the case to the media without his department’s permission. “After re…
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‘You Have to Have Best Practices’

  • The investigation into the Aurora Police Department found that “Aurora does not create and oversee appropriate expectations for responsible behavior, which leads to the use of excessive force and the violation of the civil rights of its residents,” according to a press release from the attorney general, announcing the findings. A spokesperson for the union representing rank-and-f…
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