who is above the state's attorney

by Nick Marks Published 2 years ago Updated 1 year ago 8 min read

The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

What is a state attorney?

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.

How are state attorneys general chosen?

The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice.

Who is the chief legal advisor to the state government?

Assistant State's Attorneys, also known as Deputy State's Attorneys,are the ones who actually appear in court, file the legal briefs and interview witnesses. The State's Attorney, on the other hand, is in charge of policy, staffing and running the office, and making decisions about certain high-profile cases.

Who are the principal litigators under the direction of the Attorney General?

· I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.

Who is the top legal officer in the state?

Attorneys generalAttorneys 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.

What is the highest level of attorney?

A Doctor of Juridical Science degree is considered the highest level of a law degree and is designed for professionals who are looking to gain an advanced legal education after earning their JD and LLM.

Who is the boss of the US attorney?

U.S. attorneys are appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate.

What is the state's chief legal officer called?

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.

What is a PHD in law called?

The Juris Doctor degree (J.D. or JD), also known as Doctor of Law or Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees.

Who is head of the Justice Department?

Attorney General GarlandMeet the Attorney General As the nation's chief law enforcement officer, Attorney General Garland leads the Justice Department's 115,000 employees, who work across the United States and in more than 50 countries worldwide.

Who is the current head of the Justice Department?

Merrick GarlandU.S. Department of JusticeDepartment of JusticeSecretary:Merrick GarlandYear created:1789Official website:Justice.gov1 more row

Who are US attorneys appointed by?

The PresidentThe President appoints a United States Attorney to each of the 94 federal districts (Guam and the Northern Mariana Islands are separate districts but share a United States Attorney).

Who has more power governor or Attorney General?

The vast majority of state attorneys general are elected separately from the governor, which means they're free to make their own decisions about which cases to prosecute. Governors can try to influence them informally—and in most cases, their interests line up—but they have no formal power over the AGs.

Who is superior Attorney General or Chief Justice?

The Attorney General for India is the Indian government's chief legal advisor, and is its principal Advocate before the Supreme Court of India. They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President.

Is the Attorney General over the Supreme Court?

United States Supreme Court decisions directly affect attorney general offices' ability to enforce state laws and defend government officials' conduct. Attorney general offices therefore play an active role before the Supreme Court.

Who is higher solicitor or lawyer?

But when we see 'lawyer' being used, it's likely going to be referring to someone who can practise the law – usually a solicitor or barrister. These are two different types of lawyers, who have had different training and experience. There is no hierarchy, with neither solicitors nor barristers acting as more senior.

What is the rank of the Attorney General in the USA?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$221,400, as of January 2021. The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective (general).

Which field of law makes the most money?

10 Types of Lawyers That Make The Most Money1: Immigration Lawyer. ... 2: Civil Rights Lawyer. ... 3: Family and Divorce Lawyers. ... 4: Personal Injury. ... 5: Criminal Defense Lawyers. ... 6: Corporate Lawyers. ... 7: Bankruptcy Lawyers. ... 8: Real Estate Lawyers.More items...

What is the best type of lawyer to become?

The Top 10 Lawyer Types You're Most Likely to NeedBusiness Lawyer (litigation or transactional) ... Family Lawyer (a.k.a. Domestic Relations Attorney; a.k.a. Divorce Lawyer) ... Traffic Lawyer. ... Trusts and Estates Lawyer. ... Immigration Lawyer. ... Personal Injury Lawyer. ... Real Estate Lawyer.More items...•

What states use state attorneys?

State's attorney or state attorney is used in Connecticut, Florida (state attorney), Illinois, Maryland, North Dakota, South Dakota, and Vermont. In Maryland, the roles of Assistant and Deputy are reversed from those used in "District Attorney" jurisdictions, with Deputy State's Attorney being the primary subordinate to the elected State's Attorney and Assistant State's Attorneys (ASA) being the line-level prosecutors of the office.

What does the state attorney do after a crime?

After levying criminal charges, the state's attorney will then prosecute those charged with a crime . This includes conducting discovery, plea bargaining, and trial . In some jurisdictions, the district attorney may act as chief counsel for city police, county police, state police and all state law enforcement agencies within ...

What is a prosecutor district?

What does a county attorney do?

For example, in Arizona, Missouri, Montana, and Minnesota a county attorney represents the county and state within their county, prosecutes all felonies occurring within the county, and prosecutes misdemeanors occurring within unincorporated areas of the county.

What is the role of a prosecutor?

In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants. A district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs).

What is a district attorney?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.

How long is the term of a Commonwealth attorney?

Commonwealth's attorneys are elected in their respective jurisdictions in both Virginia and Kentucky for terms of four years and six years, respectively.

What is the role of the Attorney General?

How long does an attorney general serve?

Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court ...

How many terms can an attorney general serve in Puerto Rico?

Many states have passed term limits limiting the selection to 2 consecutive terms (9 states); 2 terms maximum (4 states), but 33 states still have no term limits.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is the job of a state attorney?

A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people.

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

How many lawyers are there in Cook County?

For example, the Cook County State's Attorney in Chicago has more than 900 lawyers and a total staff of 1,600 employees [source: Cook County State's Attorney's Office ]. Assistant State's Attorneys, also known as Deputy State's Attorneys,are the ones who actually appear in court, file the legal briefs and interview witnesses. The State's Attorney, on the other hand, is in charge of policy, staffing and running the office, and making decisions about certain high-profile cases.

Does a state attorney do the job alone?

But a State's Attorney hardly ever does the job alone . Many have offices that contain dozens or even hundreds of appointed assistant or deputy State's Attorneys, as well as support staff. These assistants or deputies are the ones who routinely appear in court, representing the State's Attorney's office.

How long has Attorney General Garland been on the bench?

He served as Chief Judge from February 12, 2013 until February 11, 2020 and remained on the bench until his confirmation as Attorney General. In addition to being a published author in the Harvard Law Review and Yale Law Journal, Attorney General Garland has taught as a professor at Harvard Law School, served as the president of the Board ...

What did Attorney General Garland do before becoming a judge?

Before becoming a federal judge, Attorney General Garland spent a substantial part of his professional life at the Department of Justice. He served in both career and non-career positions under five Attorneys General, including as Special Assistant to the Attorney General, Assistant United States Attorney, Deputy Assistant Attorney General in the Criminal Division, and Principal Associate Deputy Attorney General. In those roles, his responsibilities spanned the work of the Department, including criminal, civil, and national security matters. They also included direct supervision of investigations and prosecutions of national importance , including the Oklahoma City bombing, Unabomber, and Montana Freemen cases.

When did Garland return to the Department of Justice?

He returned to the Department of Justice as Assistant U.S. Attorney for the District of Columbia from 1989 to 1992. After briefly returning to Arnold & Porter in 1992, Attorney General Garland continued his career in public service as Deputy Assistant Attorney General in the Criminal Division.

What is the Office of the Attorney General?

The mission of the Office of the Attorney General is to supervise and direct the administration and operation of the Department of Justice, including the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Prisons, Office of Justice Programs, and the U.S. Attorney s and U.S. Marshals Service , which are all within the Department of Justice.

What is the largest law office in the world?

The Department of Justice is the world's largest law office, employing more than 9,200 attorneys. OARM exercises delegated authority to take final action in matters pertaining to the employment, separation and general administration of Department attorneys and law students in grades GS-15 (or equivalent) and below: it recruits, appoints, and determines their suitability for employment. OARM is also the Department's adjudicative office in FBI Whistleblower cases.

What is the Office of Tribal Justice?

The Office of Tribal Justice is the primary point of contact for the Department of Justice with federally recognized Native American tribes, and advises the Department on legal and policy matters pertaining to Native Americans.

Who has jurisdiction to review the programs and personnel of the Federal Bureau of Investigation?

The OIG has jurisdiction to review the programs and personnel of the Federal Bureau of Investigation, the Drug Enforcement Administration, the Federal Bureau of Prisons, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Attorneys, and all other organizations in the Department.

What is the role of the Office of Juvenile Justice and Delinquency Prevention?

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) provides national leadership, coordination, and resources to prevent and respond to juvenile delinquency and victimization. OJJDP supports states and communities in their efforts to develop and implement effective and coordinated prevention and intervention programs and to improve the juvenile justice system so that it protects public safety, holds offenders accountable, and provides treatment and rehabilitative services tailored to the needs of juveniles and their families.

What branch of government is a district attorney?

Posted on Oct 26, 2014. A District Attorney, while holding a key function in the administration of justice, is an officer of the executive branch of state government, as well as being an "officer of the court" as that term is often used.

What is the difference between a judge and a district attorney?

A District Attorney, while holding a key function in the administration of justice, is an officer of the executive branch of state government, as well as being an "officer of the court" as that term is often used. The District Attorney is primarily responsible for the investigation and prosecution of all crimes and public offenses that may occur within the D.A.'s circuit. A judge, on the other hand, is clearly a part of the Judicial...

Can a DA go to jail?

They are very different, so it is situation dependent.#N#If you are a defendant before the Judge in his Court, the Judge rules. A DA can be put in jail by a Judge if the DA finds a way to become a contemnor in that court...

Overview

In the United States, a district attorney (DA), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include coun…

History

This term for a prosecutor originates with the traditional use of the term "district" for multi-county prosecutorial jurisdictions in several U.S. states. For example, New York appointed prosecutors to multi-county districts prior to 1813. Even after those states broke up such districts and started appointing or electing prosecutors for individual counties, they continued to use the title "district attorney" for the most senior prosecutor in a county rather than switch to "county attorney".

Role

The principal duties of the district attorney are usually mandated by law and include representing the State in all criminal trials for crimes which occurred in the district attorney's geographical jurisdiction. The geographical jurisdiction of a district attorney may be delineated by the boundaries of a county, judicial circuit, or judicial district.
Their duties generally include charging crimes through informations and/or grand jury indictment…

Departments

The district attorney usually divides their services into several departments that handle different areas of criminal law. Each department is staffed by several duly appointed and sworn ASAs. The departments of a large district attorney's office may include but are not limited to: felony, misdemeanor, domestic violence, traffic, juvenile, charging (or case filing), drug prosecution, forfeitures, civil affairs such as eminent domain, child advocacy, child support, victim assistance…

Nomenclature

The name of the role of local prosecutor may vary by state or jurisdiction based on whether they serve a county or a multi-county district, the responsibility to represent the state or county in addition to prosecution, or local historical customs.
District attorney and assistant district attorney are the most common titles for state prosecutors, and are used by jurisdictions within the United States including California, Delaware, Georgia, Mas…

Assistant district attorney

The assistant district attorney (assistant DA, ADA) (or state prosecutor or assistant state's attorney) is a law enforcement official who represents the state government on behalf of the district attorney in investigating and prosecuting individuals alleged to have committed a crime. In carrying out their duties to enforce state and local laws, ADA have the authority to investigate persons, is…

Appeals

Depending on state law, appeals are moved to appellate courts (also called appeals courts, courts of appeals, superior courts, or supreme courts in some states). During the appeals process district attorneys, in many cases, hands all relative prosecutorial materials to a state appellate prosecutor who in turn will represent the state in appellate courts with the advice and consent of the district attorney.

District attorney investigators

Some district attorneys maintain their own law enforcement arm whose members are sworn peace officers. Depending on the jurisdiction, they are referred to as district attorney investigators or county detectives.