( Alabama to Missouri , Montana to Wyoming )
81-792: The Kings County District Attorney's Office , also known as the Brooklyn District Attorney's Office , is the district attorney's office for Kings County , coterminous with the Borough of Brooklyn , in New York City. The office is responsible for the prosecution of violations of the laws of New York . (Violations of federal law are prosecuted by the United States Attorney for the Eastern District of New York ). The current district attorney
162-564: A U.S. state in a local government area , typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor is said to represent the people of the jurisdiction in the state's courts , typically in criminal matters, against defendants. With the exception of three states (New Jersey, Connecticut, and Alaska, as well as the District of Columbia), district attorneys are elected, unlike similar roles in other common law jurisdictions. The prosecution
243-560: A circuit solicitor , is the term South Carolina uses to refers to its prosecutors. One solicitor is elected for each of the state's 16 judicial circuits, consisting of two to five counties. Appointed assistants to a circuit solicitor are assistant solicitors . In St. Louis, Missouri , the title is circuit attorney , while in St. Louis County, Missouri , the title is prosecuting attorney . The assistant district attorney (assistant DA, ADA), or state prosecutor or assistant state's attorney,
324-422: A jury , although most matters stop short of reaching trial. The decisions of lower courts may be reviewed by a panel of a state court of appeals . Generally, there is also a highest court for appeals, a state supreme court , that oversees the court system. In matters that involve issues of federal law, the final decision of the state's highest court (including refusals to hear final appeals) may be appealed to
405-566: A District Attorney is typically called a " Public Prosecutor ." Public Prosecutors represent the state in criminal cases and are responsible for prosecuting individuals accused of committing crimes. They work under the supervision of the Director of Prosecutions or the Advocate General at the state level, depending on the specific legal framework of the state. State court (United States) [REDACTED] [REDACTED] In
486-480: A civil case, an agreed resolution settling the case or plea bargain resolving a criminal case, or pretrial resolution of the case by a judge either on the merits or on procedural grounds. Although the United States is supposedly a highly litigious society, very few cases actually go to a jury verdict and a final judgment , let alone an appeal that results in a published appellate opinion. In other words,
567-701: A conviction in a habeas corpus proceeding after all state court remedies (usually including a state court habeas corpus proceeding) have been exhausted. Some rights of criminal defendants that apply in federal court do not exist in state court. For example, in many states there is no constitutional right to be indicted by a grand jury before facing a criminal prosecution for a felony or infamous misdemeanor. Oregon does not require unanimous juries in non-capital criminal cases. Unlike non-criminal cases, criminal proceedings in state courts are primarily conducted orally, in person, in open court. In most, but not all states ( California and New York are significant exceptions),
648-536: A county prosecutor represents the county and state within their county, prosecutes all crimes within the county, and is legal adviser to the board of county commissioners, board of elections, and all other county officers and boards. On the other hand, county attorneys in Kentucky and Virginia prosecute only certain misdemeanors and sometimes traffic matters and serve as legal counsel for their county, with felony prosecutions and prosecutions of offenses not handled by
729-472: A county-based court. If one of the litigants is unsatisfied with the decision of the lower court, the matter may be taken up on appeal (but an acquittal in a criminal trial may not be appealed by the state due to the Fifth Amendment protection against double jeopardy ). Usually, an intermediate appellate court, if there is one in that state, often called the state court of appeals, will review
810-448: A handful of federal laws under which lawsuits can be pursued only in state court, such as those arising under the federal "junk fax" law. There have been times in U.S. history where almost all small claims, even if they arose under federal law, were required to be brought in state courts. State court systems usually have expedited procedures for civil disputes involving small dollar amounts (typically under $ 5,000 to $ 25,000 depending upon
891-552: A judge. The judiciary is not a separate profession in the American legal system as it is in many civil law jurisdictions. While in many civil law jurisdictions a common judicial career involves an entry-level assignment in an inferior court followed by promotions to more senior courts over the course of a career, no U.S. court system makes experience in an inferior judicial position a prerequisite to higher judicial office. While many countries consider criminal prosecutors to be part of
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#1732773033716972-453: A jury trial in cases that would arise at law in colonial England, which generally includes most cases seeking simple money damages and no other relief. In practice, about three-quarters of all civil jury trials involved personal injury cases, and most of the rest involve breaches of contracts. In states where a state constitution provides for a right to a jury trial, or a right to open courts, this has sometimes been interpreted to confer not only
1053-581: A non-U.S. name, marriage and divorce related name changes are normally handled elsewhere). A large share of the balance of civil cases in courts of general jurisdiction involve divorces, child custody disputes, child abuse cases, uncontested probate administrations, and personal injury cases that do not involve workplace injuries (which are usually handled through a non-judicial workers' compensation process). Many state court civil cases produce quick default judgments or pretrial settlements, but even considering only cases that actually go to trial, state courts are
1134-435: A plaintiff can bring a matter either to state court or to federal court, because it arises under federal law, or involves a substantial monetary dispute (in excess of $ 75,000 as of October 26, 2007) arising under state law between parties that do not reside in the same state. If a plaintiff files suit in state court in such a case, the defendant can remove the case to federal court . There is no federal constitutional right to
1215-469: A private party to pursue a claim for a small dollar amount. Unlike state courts, federal courts are courts of "limited jurisdiction", that can only hear the types of cases specified in the Constitution and federal statutes (primarily federal crimes, cases arising under federal law, cases with a United States government party, and cases involving a diversity of citizenship between the parties). Often,
1296-406: A procedural right to a certain type of trial, but also a substantive right to have redress through the courts for the kinds of injuries that were compensable at common law. Prior to trial, most proceedings in non-criminal courts are conducted via papers filed in the court, often through lawyers. In limited jurisdiction courts, it is not uncommon for an initial appearance to be made in person at which
1377-569: A request for relief from the state's highest appellate court, if the Court believes that the case involves an important question of federal law. Because of the aforementioned silence in the Constitution (as well as Section 25 of the Judiciary Act of 1789 and successor sections), the Court cannot and never reviews decisions of state courts that depend entirely on the resolution of a state law issue; there must be an issue of federal law (such as
1458-690: A result of the strict separation of powers imposed by the United States Constitution . Instead, at both the federal and state levels, administrative law judges (ALJs) preside over tribunals within executive branch agencies (although their decisions can usually be appealed to real judges in the judicial branch). In state governments, ALJs handle matters such as driver's license revocations, workers' compensation claims, unemployment insurance claims, and land use disputes. All these courts are distinguished from courts of general jurisdiction (also known as "superior jurisdiction"), which are
1539-688: A separate court that handles serious crimes; jurisdiction lies with the court that handles all other felony cases in a given county. But, many state courts that handle criminal cases have separate divisions or judges assigned to handle certain types of crimes such as a drug court , sometimes also known as a "problem-solving court". Courts of general jurisdiction tend to be better funded, better staffed, more professional, more dignified, and more solemn than courts of limited jurisdiction. They also tend to have jurisdiction over larger geographical areas and more people. A few states like California have unified all courts of general and inferior jurisdiction to make
1620-434: A settlement is often reached. In general jurisdiction state courts, it is not uncommon for all pre-trial matters to be conducted outside the court, with attorneys negotiating scheduling matters, pre-trial examinations of witnesses taking place in lawyer's office through depositions , and a settlement conference conducted by a private mediator at the mediator's office. As of 2019, about 1,255,689 people currently behind bars in
1701-640: A state appellate prosecutor who in turn will represent the state in appellate courts with the advice and consent of the district attorney. In other cases, such as in New York, the District Attorney's Office will have in-house appellate prosecutors who handle appeals. 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 . In England and Wales ,
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#17327730337161782-479: A trial by jury in a state civil case under the Seventh Amendment to the United States Constitution , and not all states preserve a right to a civil jury in either their state constitution or state statutes. In practice, however, civil jury trials are available, generally on a similar basis to their availability in federal court, in every state except Louisiana . In these states, there is a general right to
1863-494: Is Eric Gonzalez . In a legislative act of February 12, 1796, New York State was divided into seven districts, each with its own Assistant Attorney General. Kings County was part of the First District, which also included Queens , Richmond , Suffolk , and Westchester counties. (At that time, Queens County included much of present-day Nassau County , and Westchester County included present-day Bronx County .) In 1801,
1944-494: Is a conflict between federal and state law, state courts are not subordinate to federal courts. Rather, as instruments of separate sovereigns (under the U.S. system of dual sovereignty), they are two parallel sets of courts with different but often overlapping jurisdiction. As the U.S. Supreme Court recognized in Erie Railroad Co. v. Tompkins (1938), no part of the federal Constitution actually grants federal courts
2025-406: Is a law enforcement official by virtue of their job. In Canada , the equivalent position to a district attorney is a crown attorney , crown counsel or crown prosecutor depending on the province, and the equivalent to an assistant district attorney is the assistant crown attorney, assistant crown counsel or assistant crown prosecutor respectively. In India , the equivalent position to
2106-695: 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, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals. Administrative assistant district attorney (admin ADA), executive assistant district attorney (exec ADA), chief assistant district attorney (chief ADA), or first assistant district attorney (First ADA) are some of
2187-411: Is another way to illustrate the relative size of the two criminal justice systems. In Colorado, in 2002, there were approximately 40 criminal trials in federal court, and there were 1,898 criminal trials (excluding hundreds of quasi-criminal trials in juvenile cases, municipal cases and infraction cases) in state courts, so only about 2% of criminal trials took place in federal court. Most jury trials in
2268-403: Is distinct from the ordinary federal court system. State trial courts are usually located in a courthouse , which is often in the county seat . Even when state trial courts include more than one county in a judicial district, it is not uncommon for the state trial court to hold regular sessions at each county seat in its jurisdiction and function from the point of view of litigants as if it were
2349-409: Is no death penalty under state law, but the federal government rarely utilizes this right. Many rights of criminal defendants in state courts arise under federal law, but federal courts only examine if the state courts applied those federal rights correctly on a direct appeal from the conviction to the U.S. Supreme Court, after state court direct appeals have been exhausted, or in a collateral attack on
2430-508: Is that such subordinate entities generally have original jurisdiction over lawyer admissions and discipline, nearly all de facto lawyer regulation takes place through such entities, and the state supreme court becomes directly involved only when petitioned to not ratify the decisions made by some subordinate entity in its name. Although the United States Constitution and federal laws override state laws where there
2511-477: Is the legal party responsible for presenting the case against an individual suspected of breaking the state's criminal law , initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have
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2592-462: 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
2673-489: Is usually limited to less serious offenses. Federal crimes on federal property in a state are often defined with reference to state criminal law. Federal courts disproportionately handle white-collar crimes , immigration-related crimes and drug offenses (these crimes make up about 70% of the federal docket, but just 19% of the state court criminal docket). Federal courts have the power to bring death penalty charges under federal law, even if they arise in states where there
2754-624: The Southern District of New York Damian Williams [REDACTED] U.S. Attorney for the Eastern District of New York Breon Peace District attorney In the United States , a district attorney ( DA ), county attorney , county prosecutor , state's attorney, prosecuting attorney , commonwealth's attorney , or solicitor is the chief prosecutor or chief law enforcement officer representing
2835-434: The de jure primary regulatory body for all lawyers in their state and determine who can practice law and when lawyers are sanctioned for violations of professional ethical rules, which are generally also put in place as state court rules. In all states, such powers have been delegated either to the state bar association or various committees, commissions, or offices directly responsible to the state supreme court. The result
2916-779: The American Bar Association with minor modifications. A minority of states, however, have idiosyncratic procedural rules, often based on the Field Code in place in many states before the Federal Rules of Civil Procedure were adopted. Importantly, neither California nor New York state follow federal models. Typically, state trial courts of limited jurisdiction have generally similar rules to state trial courts of general jurisdiction, but are stripped of rules applicable to special cases like class actions and many pretrial procedures (such as out-of-court discovery in
2997-427: The U.S. Senate serving life terms of office, the vast majority of states have some judges who are elected, while some judges are appointed. The methods of judicial appointment vary widely. The American habit of electing state court judges originates with Alexander Hamilton and Federalist No. 78 , in which Hamilton brought about a fundamental reconceptualization of the idea of separation of powers with respect to
3078-486: The United States Supreme Court (which also has the discretion to refuse to hear them). Cases in state courts begin in a trial court where lawsuits and criminal cases are filed and evidence is eventually presented if a case proceeds to a hearing or trial. Trials in these courts are often held only after extensive pretrial procedures that in more than 90% of cases lead to a default judgment in
3159-523: The reported case law studied in American law schools does not reflect the way the vast majority of cases are handled and resolved—by "bargain[ing] [in the] shadow of the law ". Territory outside of any state in the United States, such as the District of Columbia or American Samoa , often has a court system established under federal or territorial law which substitutes for a state court system and
3240-546: The Council's pleasure", meaning that there was no defined term. Under the State Constitution of 1821, the district attorney was appointed to a three-year term by the Court of General Sessions, and under the State Constitution of 1846, the office became elective by popular ballot. The governor filled vacancies until a successor was elected, always to a full term, at the next annual election. An acting district attorney
3321-546: The United States (roughly five out of six jury trials conducted in any U.S. Court) take place in criminal cases in state courts. State courts do not have jurisdiction over criminal cases arising on Indian reservations even if those reservations are located in their state. Less serious crimes on Indian reservations are prosecuted in tribal courts. A large share of violent crimes that are prosecuted in federal court arise on Indian reservations or federal property , where state courts lack jurisdiction, since tribal court jurisdiction
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3402-614: The United States are handled in state judicial systems , but a comparable office for the United States Federal government is the United States Attorney . 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
3483-1042: The United States, a state court is a law court with jurisdiction over disputes with some connection to a U.S. state . State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction (the hearing of all matters in which personal jurisdiction exists and which are not committed to another court) and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law . Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply
3564-581: The United States—or 87.7% out of a total of 1,430,805 prisoners—had been convicted in state court for violating state criminal laws, rather than in federal court for violating federal criminal laws. The proportion of criminal cases brought in state court rather than federal court is higher than 87.7% because misdemeanor and petty offense prosecutions are disproportionately brought in state courts and most criminal prosecutions involve misdemeanors and petty offenses. The number of trials conducted in each system
3645-458: The absence of a court order). Most state supreme courts also have general supervisory authority over the state court system. In this capacity they are responsible, for example, for making budget requests and administrative management decisions for the court system as a whole. In most states, such administrative authority has been transferred or delegated to a state judicial council which includes members of lower courts. All state supreme courts are
3726-399: The authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants. A district attorney or state attorney leads an office of other prosecutors and related staff. Staff attorneys are most commonly known as assistant district attorneys (ADAs) or deputy district attorneys (DDAs); in states where the head of office is called state attorney
3807-408: The bench. But a small number of state court judges, particularly in limited jurisdiction trial courts in rural areas or small towns, are nonlawyers, who are often elected to their posts. A disproportionate share of state court judges previously served as prosecutors, or less commonly as criminal defense attorneys or trial lawyers, although no particular background as an attorney is required to serve as
3888-500: The boundaries of a county, judicial circuit, or judicial district. Their duties generally include charging crimes through informations or grand jury indictments. 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
3969-714: The county attorney being the responsibility of the commonwealth's attorney for the given county. 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, appeals, career criminal prosecution, homicide, investigations, organized crime /gang, and administration. The name of
4050-544: The county attorney does not handle any criminal matters at all, but serves only as the legal counsel to the county. 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. Minnesota county attorneys also prosecute all juvenile cases, regardless of severity. In Ohio
4131-409: The courts in the states and territories of the United States. Listed are the principal trial courts of general jurisdiction, the principal intermediate appellate courts, and the state supreme courts. Courts are described below in the singular when state law defines only one statewide court of that name (whose judges may be assigned to particular counties, circuits, or districts, but still remain part of
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#17327730337164212-541: The courts of inferior jurisdiction were debt collection and eviction cases, while in the court of general jurisdiction, about 60% of all civil cases (other than domestic relations and probate cases) were debt collection, foreclosure, and tax collection cases. A large share of the balance of civil cases in courts of limited jurisdiction involve temporary restraining orders, typically in non-marital domestic relations contexts, and name change petitions (generally for child custody reasons or related to taking an American alternative to
4293-462: The decision of the trial court. If still unsatisfied, the litigant can appeal to the highest appellate court in the state, which is usually called the state supreme court and is usually located in or near the state capital . Appellate courts in the United States, unlike their civil law counterparts, are generally not permitted to correct mistakes concerning the facts of the case on appeal, only mistakes of law, or findings of fact with no support in
4374-532: The default type of trial court that can hear any case which is not required to be first heard in a court of limited jurisdiction. Most such cases are civil cases involving large sums of money or criminal cases arising from serious felonies like rape and murder. Typically, felonies are handled in general jurisdiction courts, while misdemeanors and other lesser offenses are handled in inferior jurisdiction courts. Unlike most European courts (in both common law and civil law countries), American state courts do not usually have
4455-625: The dominant forum for civil cases. In Colorado, in 2002, there were 79 civil trials in federal court (41 jury and 38 non-jury), and 5950 civil trials in state court (300 jury and 5650 non-jury). Essentially all probate and divorce cases are also brought in state court, even if the parties involved live in different states. In practice, almost all real property evictions and foreclosures are handled in state court. State courts systems always contain some courts of "general jurisdiction". All disputes which are capable of being brought in courts, arising under either state or federal law may be brought in one of
4536-410: The federal constitutional right to due process) implicit in the state case before the Court will even agree to hear it. Since there really is no such issue in the vast majority of state cases, the decision of the state supreme court in such cases is effectively final, as any petition for certiorari to the U.S. Supreme Court will be summarily denied without comment. The following table notes the names of
4617-438: The judicial branch, in the United States, all criminal prosecutors are considered part of the executive branch. The fact that all attorneys admitted to the practice of law are somewhat confusingly called "officers of the court" in U.S. legal practice is a legal fiction that calls attention to the special professional ethical obligations that all lawyers have to the court, and does not mean that all lawyers are employees or agents of
4698-451: The judicial branch. State court judges are typically paid less, have smaller staffs, and handle larger caseloads than their counterparts in the federal judiciary. The foregoing summary is only a very rough generalization. There are a great many "oddities" and "extra wrinkles" from one state court system to the next, although the tendency in most states has been towards rationalization and simplification: "the further back in history one goes,
4779-520: The judicial process more efficient. In such judicial systems, there are still departments of limited jurisdiction within the trial courts, and often these departments occupy exactly the same facilities they once occupied as independent courts of limited jurisdiction. However, as mere administrative divisions, departments can be rearranged at the discretion of each trial court's presiding judge in response to changing caseloads. Unlike federal courts, where judges are presidential appointees confirmed by
4860-423: The judiciary. Before Hamilton, both English and American people had thought of judges as mere appendages of royal authority, and that a government had only two branches, the executive and the legislative. Hamilton implied and others later developed the idea that American judges were coequal to legislatures and executives in their responsibility to carry out the people's will ( popular sovereignty ), which extended to
4941-400: The jurisdiction of a United States Attorney . Many district attorneys also bear responsibilities not related to criminal prosecution. These include defending the county against civil suits , occasionally initiating such suits on behalf of the county, preparing or reviewing contracts entered into by the county and providing legal advice and counsel to local government. In some jurisdictions,
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#17327730337165022-463: The law in accordance with their state's constitution , state statutes , and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law , or need to make a choice of law from another jurisdiction. Generally, a single judicial officer, usually called a judge , exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials , which may include empaneling
5103-636: The more confused the situation gets". The vast majority of non-criminal cases in the United States are handled in state courts, rather than federal courts. For example, in Colorado, roughly 97% of all civil cases were filed in state courts and 89% of the civil cases filed in federal court were bankruptcies in 2002, a typical year. Just 0.3% of the non-bankruptcy civil cases in the state were filed in federal court. A large share of all civil cases filed in state courts are debt collection cases. For example, in Colorado in 2002, about 87% of all civil cases filed in
5184-403: The office of Assistant Attorney General was renamed District Attorney and New York County was added to the First District. Westchester County was separated from the First District in 1813, and New York County was separated in 1815. In 1818, each county in the state became its own separate district. Until 1822, district attorneys were appointed by the Council of Appointment, and held office "during
5265-732: The office. In Virginia, the title is commonwealth's attorney . Kentucky splits the role between two officials—by statute, the commonwealth's attorney serves in the Circuit Court (the court of general jurisdiction), and the county attorney serves in the limited-jurisdiction District Court, although the two officials may enter into a written agreement to split their duties as they see fit. Commonwealth's attorneys are elected in their respective jurisdictions in both Virginia and Kentucky for terms of four years and six years, respectively. Kentucky's county attorneys are elected in their jurisdictions to four-year terms. Solicitor , or more fully
5346-473: The office. Often, a senior ADA may oversee or prosecute some of the larger crimes within the jurisdiction . In some offices, the Exec ADA has the responsibility of hiring lawyers and support staff, as well as supervising press-releases and overseeing the work of the office. The salary of an ADA will be lower than the elected DA. The non-monetary benefits of the job induce many to work as an ADA; these include
5427-488: The opportunity to amass trial experience, perform a public service, and network professionally. Upon leaving employment as an ADA, persons seek employment as a judge, in private law firms, or as U.S. Attorneys . 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
5508-473: The power to directly decide the content of state law. Clause 1 of Section 2 of Article Three of the United States Constitution describes the scope of federal judicial power, but only extended it to "the Laws of the United States" and not the laws of the several or individual states. The U.S. Supreme Court can but is not required to review final decisions of state courts, after a party exhausts all remedies up to
5589-544: The power to make law (through case law ). Therefore, if the judiciary was a coequal third branch of government, and the judges were the people's agents, then like the other branches, they ought to be elected by the people. However, problems with partisan judicial elections led many states to later adopt judicial appointment systems, while also using retention elections as a check on appointed judges. State court judges are usually distinguished attorneys who have had some political involvement, who are pursuing second careers on
5670-409: The quality of justice is poor. In states that still use justices of the peace or equivalent judicial officers, many judges of courts of limited jurisdiction are laypersons who never attended law school or passed a bar examination . Courts of limited jurisdiction should not be confused with the administrative courts seen in other countries. The United States does not use administrative courts, as
5751-615: 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 , Georgia , Massachusetts , Nevada , New Mexico , New York , North Carolina , Oklahoma , Oregon , Pennsylvania , Texas , Utah , and Wisconsin . State's attorney or state attorney
5832-433: The staff attorneys are usually referred to as Assistant State Attorney (ASAs ). Most prosecutions will be delegated to the assistant attorneys, with the head-of-office sometimes prosecuting the most important cases and having overall responsibility for the agency and its work. Depending upon the state's law, the head may be appointed by the chief executive of the jurisdiction or elected by local voters. Most criminal matters in
5913-458: The state court in question), most of which involve collection of small contractual debts (such as unpaid credit cards) and landlord-tenant matters. Many states have small claims divisions where all parties proceed in civil cases without lawyers, often before a magistrate or justice of the peace. Federal courts do not have parallel small claims procedures and apply the same civil rules to all civil cases, which makes federal court an expensive venue for
5994-448: The state courts, except in a few narrow case where federal law specifically limits jurisdiction exclusively to the federal courts. Some of the most notable cases exclusively in federal jurisdiction are suits between state governments, suits involving ambassadors , certain intellectual property cases, federal criminal cases, bankruptcy cases, large interstate class action cases, and most securities fraud class actions. There are also
6075-615: The state supreme court or a related administrative body has the power to write the rules of procedure that govern the courts through a rulemaking process. In a minority of the states, criminal and civil procedure are largely governed by state statutes. Most states model their general jurisdiction trial court rules closely upon the Federal Rules of Civil Procedure with modifications to address types of cases that come up only in state practice (like traffic violations), and model their professional ethics rules closely upon models drafted by
6156-467: The state's attorney's jurisdiction. In some jurisdictions, the district attorney oversees the operations of local prosecutors with respect to violations of county ordinances. In other jurisdictions, the district attorney prosecutes traffic matters or misdemeanors. In some states the district attorney prosecutes violations of state laws to the extent that the state permits local prosecution of these. District attorneys do not prosecute federal crimes, which are
6237-453: The title "district attorney" for the most senior prosecutor in a county rather than switch to "county attorney". 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
6318-461: The titles given to the senior ADA leadership working under the DA. The chief ADA, Executive ADA, or first ADA, depending on the office, is generally considered the second-in-command, and usually reports directly to the DA. The exact roles and job assignments for each title vary with each individual office, but generally include management of the daily activities and supervision of specialized divisions within
6399-1262: The trial court record. Many states have courts of limited jurisdiction (inferior jurisdiction), presided over by, for example, a magistrate or justice of the peace who hears criminal arraignments and tries petty offenses and small civil cases . Appeals from courts of limited jurisdiction are frequently sent to state trial courts of general jurisdiction rather than to an appellate court. Larger cities often have city courts (also known as municipal courts) which hear traffic offenses and violations of city ordinances ; in some states, such as New York , these courts have slightly broader jurisdiction and can also handle small claims and misdemeanors. Other courts of limited jurisdiction include alderman 's courts, police court, mayor 's courts, recorder's courts , county courts , probate courts , municipal courts, juvenile courts , courts of claims, courts of common pleas, family courts , small claims courts , tax courts, water courts (present in some western states such as Colorado and Montana), and workers' compensation courts (Rhode Island). Lawrence M. Friedman has described courts of limited jurisdiction as "the bargain basement of justice," where procedures are often informal and "slapdash" and
6480-903: The vast majority of criminal prosecutions are prosecuted by the Crown Prosecution Service . The CPS is headed by the Director of Public Prosecutions , who is appointed by the Attorney General for England and Wales . Within the CPS, 14 Chief Crown Prosecutors, answering to the DPP, head regional teams of Crown Prosecutors. With the exception of the AG and Solicitor General for England and Wales , no prosecutors are political officials in England and Wales and no prosecutor in England and Wales
6561-961: Was appointed by the Court of General Sessions pending the Governor's action. Since the Consolidation Charter of New York City in 1898, the terms of the district attorneys in New York City have coincided with the mayor's term, and are for four years. In case of a vacancy, the governor appoints an interim district attorney and can call a special election for the remainder of the term. died The Bronx (Bronx County) Darcel Clark Brooklyn (Kings County) Eric Gonzalez Manhattan (New York County) Alvin Bragg Queens (Queens County) Melinda Katz Staten Island (Richmond County) Michael McMahon Special Narcotics Prosecutor Bridget G. Brennan U.S. Attorney for
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