Lecture 1. The attorney`s service in the united states of america (2 hrs)

The national system of government in the United States has 3 largely independent brunches: the executive, the legislature, and the judiciary. Law enforcement is the responsibility of the executive brunch. So, the attorney's administration is directly subordinate to the executive branch - the US Attorney General is a member of the President's cabinet.

The United States Attorneys serve as the nation's principal litigators under the direction of the Attorney General.

There are 93 United States Attorneys stationed throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands.

United States Attorneys are appointed by, and serve at the discretion of, the President of the United States, with advice and consent of the United States Senate. One United States Attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands where a single United States Attorney serves in both districts. Each United States Attorney is the chief federal law enforcement officer of the United States within his or her particular jurisdiction.

United States Attorneys conduct most of the trial work in which the United States is a party. The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code:

the prosecution of criminal cases brought by the Federal government;

the prosecution and defense of civil cases in which the United States is a party; and

the collection of debts owed the Federal government which are administratively uncollectible.

Although the distribution of caseload varies between districts, each has every category of cases and handles a mixture of simple and complex litigation. Each United States Attorney exercises wide discretion in the use of his/her resources to further the priorities of the local jurisdictions and needs of their communities.

The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The Attorney General is considered to be the chief lawyer of the U.S. government. The Attorney General serves as a member of the President's Cabinet, but is the only cabinet department head who is not given the title Secretary, besides the now independent Postmaster General.

The Attorney General is nominated by the President of the United States and takes office after confirmation by the United States Senate. He or she serves at the pleasure of the President and can be removed by the President at any time; the Attorney General is also subject to impeachment by the House of Representatives and trial in the Senate for "treason, bribery, and other high crimes and misdemeanors."

The office of Attorney General was established by Congress by the Judiciary Act of 1789. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments."^[1] Only in 1870 was the Department of Justice established to support the Attorney General in the discharge of his responsibilities. The members of the Department of Justice represent the United States in legal matters generally and offer advice and opinions to the President and to the heads of the executive departments of the Government when so requested. The Attorney General appears in person to represent the Government before the Supreme Court in cases of exceptional importance. Under most circumstances the United States Solicitor General argues before the Supreme Court on the government's behalf. The Attorney General is seventh in the United States presidential line of succession.

United States Deputy Attorney General is the second-highest-ranking official in the United States Department of Justice. In the United States federal government, the Deputy Attorney General oversees the day-to-day operation of the Department of Justice, and may act as Attorney General during the absence of the Attorney General. The Deputy Attorney General is appointed by the President of the United States with the advice and consent of the United States Senate. The position was created in 1950.

The Associate Attorney General is the third-ranking official in the United States Department of Justice. The Associate Attorney General advises and assists the Attorney General and the Deputy Attorney General in policies relating to civil justice, federal and local law enforcement, and public safety matters. The Associate Attorney General is appointed by the President and confirmed by the Senate. The incumbent Associate Attorney General is Thomas J. Perrelli.

The Office of the Associate Attorney General oversees the Antitrust Division, the Civil Division, the Environment and Natural Resources Division, the Tax Division, the Office of Justice Programs, the Community Oriented Policing Services, the Community Relations Service, the Office of Dispute Resolution, the Office of Violence Against Women, the Office of Information and Privacy, the Executive Office for United States Trustees, and the Foreign Claims Settlement Commission.

Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.

Assistant Attorneys General report either to the Deputy Attorney General (in the case of the Criminal Division, the Justice Management Division and the Offices of Legal Counsel, Legislative Affairs, and Legal Policy) or to the Associate Attorney General (in the case of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions and the Office of Justice Programs).

The State Attorney General in each of the 50 U.S. states and territories is the chiefs legal advisor to the state government and the state's chief law enforcement officer. In the United States, as the individual states and territories developed their own procedures, common law, constitution state government agencies and legislatures, and as representatives of the public interest. While varying from one jurisdiction to the next due to statutory and constitutional mandates, typical powers of the Attorneys General include the authority to

• issue formal opinions to state agencies;

• act as public advocates in areas such as child enforcement, consumer protections, antitrust and utility regulation;

• propose legislation;

• enforce federal and state environmental laws;

• represent the state and state agencies before the state and federal courts;

• handle criminal appeals and serious statewide criminal prosecutions;

• institute civil suits on behalf of the state;

• represent the public's interests in charitable trust and solicitations;

• and operate victim compensation programs.

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. Attorneys general are elected statewide in 43 states; 5 are appointed by their state's governor, one by the legislature (Maine), and one by supreme court (Tennessee).