who can remove a fla state's attorney from their office

by Mateo Nienow DVM 5 min read

Where is the United States Attorney's office in Florida?

Apr 08, 2022 · A child is known or suspected to be the victim of child abuse, as defined in s. 827.03, or of neglect of a child, as defined in s. 827.03. 2. A child is known or suspected to have died as a result of abuse or neglect. 3. A child is known or suspected to be the victim of aggravated child abuse, as defined in s. 827.03. 4.

Who has the authority to appoint US Attorneys?

Apr 05, 2022 · If the vacancy in nomination is for the office of United States Representative, state senator, state representative, state attorney, or public defender, the state party chair shall, within 5 days, call a meeting of the state executive committee members residing in the affected county or counties to consider designation of a nominee to fill the vacancy.

Can the new president elect to keep or remove US Attorneys?

Office of Attorney General State of Florida The Capitol PL-01 Tallahassee, FL 32399-1050. Español Version Download. In accordance with 28 CFR 35.107, person(s) wishing to file a complaint or grievance against the Office of the Attorney General for denial of access to services to the public, as defined by 28 CFR 35.130, may do so through the ...

Where can I find law enforcement jobs in Florida?

Attorneys general are the top legal officers of their state or territory. 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. Select your state to connect to your state attorney general's website.

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Who does the State Attorney report to in Florida?

The Statewide Prosecutor is appointed by the Attorney General from a list of nominees selected by the Florida Supreme Court Judicial Nominating Commission. The Statewide Prosecutor serves a term of four years and acts as the agency head for eight offices throughout the state.

Who is above the district attorney?

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 I file a complaint against a Florida State Attorney?

In accordance with 28 CFR 35.107, person(s) wishing to file a complaint or grievance against the Office of the Attorney General for denial of access to services to the public, as defined by 28 CFR 35.130, may do so through the Office of the Inspector General by using the on-line contact form, selecting Inspector ...

How many state attorneys Does Florida have?

20 State AttorneysThere are 20 State Attorneys in the State of Florida representing 20 judicial circuits. For more information about each of the circuits, visit Florida's State Attorneys.

Who is the most powerful person in the courtroom?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

Which of the following is an example of prosecutorial misconduct?

Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Who is the attorney general for the state of Florida?

Ashley Moody (Republican Party)Florida / Attorney generalAshley Brooke Moody is an American attorney and politician serving as the Florida attorney general since January 2019. Wikipedia

What is considered harassment in Florida?

(a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

What does the Florida state attorney's office do?

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state's antitrust laws.

How long does State Attorney have to file charges in Florida?

Regardless of the severity of the charge, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

Who is a State Attorney?

A state's attorney is a lawyer who prepares cases on behalf of the state and represents the state in court.

What is the duty of the parent or legal custodian to report any change in the residence or location of the

The duty of the parent or legal custodian to report any change in the residence or location of the child to the investigator and that the duty to report continues until the investigation is closed.

What is the purpose of the 741.30 injunction?

741.30 to remove a perpetrator of domestic violence from the home as an intervention to protect the child. 1.

When can a child protective investigator modify a safety plan?

The child protective investigator may modify the safety plan if he or she identifies additional impending danger. a. If the child protective investigator implements a safety plan, the plan must be specific, sufficient, feasible, and sustainable in response to the realities of the present or impending danger.

What is a child known or suspected to be the victim of child abuse?

827.03, or of neglect of a child, as defined in s. 827.03. 2. A child is known or suspected to have died as a result of abuse or neglect. 3.

What is the purpose of child protection investigators?

The department’s child protection investigators are hereby designated a criminal justice agency for the purpose of accessing criminal justice information to be used for enforcing this state’s laws concerning the crimes of child abuse, abandonment, and neglect.

What is the purpose of a child abuse hotline?

1. Conduct a review of all relevant, available information specific to the child and family and alleged maltreatment; family child welfare history; local, state, and federal criminal records checks; and requests for law enforcement assistance provided by the abuse hotline.

Who implements a safety plan for domestic violence?

A child protective investigator shall implement separate safety plans for the perpetrator of domestic violence, if the investigator, using reasonable efforts, can locate the perpetrator to implement a safety plan, and for the parent who is a victim of domestic violence as defined in s. 741.28.

How long does it take to notify the state party chair of a vacancy in a county office?

If the vacancy in nomination is for a county office, the state party chair shall notify the appropriate county chair and, within 5 days , the appropriate county chair shall call a meeting of his or her executive committee to consider designation of a nominee to fill the vacancy.

How long does it take for a state party chair to call a meeting?

1. If the vacancy in nomination is for a statewide office, the state party chair shall, within 5 days , call a meeting of his or her executive board to consider designation of a nominee to fill the vacancy. 2.

Does a nominee have to take the same oath?

In any instance in which a nominee is selected by a committee to fill a vacancy in nomination, such nominee shall pay the same filing fee and take the same oath as the nominee would have taken had he or she regularly qualified for election to such office.

Who can call a special primary election?

If time does not permit party nominations to be made in conjunction with the primary election, the Governor may call a special primary election to select party nominees for the unexpired portion of such term.

Can the name of the new nominee be changed?

If the name of the new nominee is submitted after the certification of results of the preceding primary election, however, the ballots shall not be changed and the former party nominee’s name will appear on the ballot.

Why are emails about the firing of attorneys lost?

White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have potentially been lost and that is a mistake the White House is aggressively working to correct." said Stanzel, a White House spokesman. Stonzel said that they could not rule out the possibility that some of the lost emails dealt with the firing of U.S. attorneys. For example, J. Scott Jennings, an aide to Karl Rove communicated with Justice Department officials "concerning the appointment of Tim Griffin, a former Rove aide, as U.S. attorney in Little Rock, according to e-mails released in March, 2007. For that exchange, Jennings, although working at the White House, used an e-mail account registered to the Republican National Committee, where Griffin had worked as a political opposition researcher."

What was the Inspector General Report on the 2008 firings?

On September 29, 2008 the Justice Department's Inspector General (IG) released a report on the matter that found most of the firings were politically motivated and improper.

What was the process used to fire the first seven attorneys and two others dismissed around the same time?

A subsequent report by the Justice Department Inspector General in October 2008 found that the process used to fire the first seven attorneys and two others dismissed around the same time was "arbitrary", "fundamentally flawed" and "raised doubts about the integrity of Department prosecution decisions".

Why were some of the attorneys targeted for dismissal?

Allegations were that some of the attorneys were targeted for dismissal to impede investigations of Republican politicians or that some were targeted for their failure to initiate investigations that would damage Democratic politicians or hamper Democratic-leaning voters.

What did the IG report say about the firings?

The IG's report contained "substantial evidence" that party politics drove a number of the firings, and IG Glenn Fine said in a statement that Gonzales had "abdicated his responsibility to safeguard the integrity and independence of the department.".

What did the change in the law do to the Attorney General?

The change in the law undermined the confirmation authority of the Senate and gave the Attorney General greater appointment powers than the President, since the President's U.S. Attorney appointees are required to be confirmed by the Senate and those of the Attorney General did not require confirmation.

Why was Kevin Ryan fired?

Kevin Ryan (R) Though described as "loyal to the Bush administration," he was allegedly fired for the possible controversy that negative job performance evaluations might cause if they were released. John McKay (R) Was given a positive job evaluation 7 months before he was fired.

How many wrongful lawsuits have been settled in New York?

Just within the last 10 years, approximately six wrongful lawsuits against the state of New York, for example, have been settled by New York City. And in Brooklyn alone, New York City and the state of New York have already paid more than $40 million to settle lawsuits involving retire detective Louis Scarcella.

Can police be held accountable for misconduct?

While there are ways of holding police accountable for misconduct and civil and constitutional violations, it has historically been difficult to do the same when it comes to prosecutorial misconduct, even when that misconduct leads to wrongful conviction, as described in a recent New York Times article.

Is there accountability for prosecutorial misconduct?

Accountability for Prosecutorial Misconduct. This recent decision is of significant concern, as it could not only make it impossible to hold prosecutors responsible for legal or ethical violations, it could also bar those victims of these mistakes from seeking any financial redress.

Can a district attorney be sued?

Not only are attorneys who work in the district attorney’s office immune from being sued for their mistakes, anyone wrongfully convicted is also prohibited from suing the state unless they can conclusively prove that they are innocent (i. e. it is not enough to have been the vitim of an unfair trial).

Who is required to submit an annual report to the Governor?

The Department of Elder Affairs is now required to submit an annual report to the governor, legislative leaders and the Department of Children and Families summarizing the findings of the state’s elder abuse fatality review teams.

Does Florida have an elder death review?

The new law allows, but does not mandate, the creation of elder death review teams in each of Florida’s 20 judicial circuits. The teams would review cases in their judicial circuit where abuse or neglect has been found to be related to or the cause of an elderly person’s death. For years Florida has authorized teams to review child deaths ...

How many signatures does the Change.org petition have?

At 25,000 signatures, this petition becomes one of the top signed on Change.org! Cameron White started this petition to Florida State Senate and. Governor Ron DeSantis and former governor Rick Scott have made filing for unemployment in Florida impossible.

Did DeSantis issue a stay at home order?

They care more about showing low unemployment numbers than they do if Floridians have enough to eat. Aside from this sad fact DeSantis waited until the last minute to issue a stay at home order which without a doubt caused the Coronavirus to spread much faster than necessary.

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Issues in Brief

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By tradition, all U.S. Attorneys are asked to resign at the start of a new administration. The new President may elect to keep or remove any U.S. Attorney. They are traditionally replaced collectively only at the start of a new White House administration. U.S. Attorneys hold a political office, in which the President nomi…
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Fallout

  • By April 2007, there was some speculation that the dismissal of the US attorneys might affect cases of public corruption and voter fraud. According to the National Law Journal, By mid-September 2007, nine senior staff of the Department of Justice associated with the controversy had resigned.The most prominent resignations include: 1. 1.1. Attorney General Alberto Gonzale…
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Replacement of The U.S. Attorneys

  • Initial planning
    On January 6, 2005, Colin Newman, an assistant in the White House counsels office, wrote to David Leitch stating, "Karl Rovestopped by to ask you (roughly quoting) 'how we planned to proceed regarding U.S. Attorneys, whether we were going to allow all to stay, request resignation…
  • Implementation: The U.S. Attorney Removal List
    In October 2006, George W. Bushtold Alberto Gonzales that he had received complaints that some of the U.S. Attorneys had not pursued certain voter-fraud investigations. The complaints came from Republican officials, who demanded fraud investigations into a number of Democratic cam…
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Reactions and Congressional Investigation

  • Initial reaction
    The initial reaction was from the senators of the affected states. In a letter to Gonzales on January 9, 2007, Senators Feinstein (D, California) and Leahy (D, Vermont; Chair of the Committee) of the Senate Judiciary Committee expressed concern that the confirmation proces…
  • Contempt of Congress charges
    On July 11, 2007, as Sara Taylor testified, George Manning, the attorney to former White House CounselHarriet Miers, announced that Miers intended to follow the request of the Bush Administration and not appear before the Committee the following day. Manning stated Miers "c…
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Aftermath

  • Subpoenas and lost emails
    White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have po…
  • Appointment of U.S. Attorneys and the 2005 Patriot Act reauthorization
    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. …
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See Also

References and External Links

  1. Resignation letters and emails, and other related documents hosted by WSJ
  2. Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
  3. The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firing…
  1. Resignation letters and emails, and other related documents hosted by WSJ
  2. Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
  3. The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firings Investigation". The Washington Post. 2007-03-05. Retrieved 2010-05-01.
  4. Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal(review of the most significant of the emails).