COURTS;

COURT REFORM; ATTORNEYS;

You asked whether state or county prosecutors in the other New England states, New York, and New Jersey are elected; and, if so, whether they are subject to qualifications or election and campaign finance law restrictions that differ from those that apply to candidates for other offices.

SUMMARY

Prosecuting officials are elected in the other New England states and New York. New Jersey’s governor appoints the county prosecutors there. All of these states, except Rhode Island, have prosecutors who serve at the county or district level. Rhode Island’s attorney general serves as the state’s public prosecutor. The elected officials are called district attorneys in Maine, Massachusetts, and New York; county attorneys in New Hampshire; and state’s attorneys in each county in Vermont.

Where the positions are elected, candidates run under the same election and campaign finance laws as candidates for other offices. Typically, nominating petition signatures or campaign contribution limits are set at the same levels as those for comparable offices.

All candidates for the position of prosecutor in these states except Vermont must be attorneys admitted to the bar in the state. Of the seven states, New Jersey is the only one that requires, for its appointive position, a minimum qualification. Its prosecutors must have been a practicing attorney for at least five years.

OTHER STATES

Rhode Island has no elected prosecuting official other than the state’s attorney general who performs the duties of a public prosecutor. In New Jersey, the governor appoints a county prosecutor for each county with the advice and consent of the Senate. They serve a five-year term and must have been admitted to the practice of law in the state for at least five years (N. J. Const. Art. 7, § 2, par. 1 and N. J. Stat. Ann. § 2A: 158-1).

Maine

District attorneys in Maine are elected for each of the state’s eight prosecutorial districts under the same election and campaign finance laws that apply to other elected county officials (Me. Rev. Stat. Ann. Tit. 30A, § 251). They serve four-year terms. Only attorneys admitted to the general practice of law in Maine who reside in the prosecutorial district may be elected district attorney.

Massachusetts

Massachusetts’ Constitution requires the election of district attorneys for terms set by the legislature (Mass. Const. Amend. Art. XIX). District attorneys for 11 statutorily established districts serve four-year terms. A district attorney must be a resident of the district and a member of the state bar. (Mass. Gen. Laws Ann. Ch. 12 § 13 and Ch. 54 § 154. )

Candidates can run for the office by submitting nominating petitions signed by at least 1,000 voters, the same number as required for candidates for governor’s councillor, clerk of courts, register of probate, registrar of deeds, county commissioner, sheriff, and county treasurer (Mass. Gen. Laws Ann. Ch. 53 § 6). The law sets an aggregate limit for political committee contributions to a candidate for district attorney at $ 18,750, the same as the limit for candidates for state senator, county commissioner, governor’s councillor, clerk of courts, register of probate, registrar of deeds, and other county officers (Mass. Gen. Laws Ann. Ch. 55 § 6A).

New Hampshire

New Hampshire county attorneys are elected biennially. Each must be a member of the state bar (N. H. Const. Part 2, Art. 71 and N. H. Rev. Stat. Ann § 7: 33). County attorney candidates are subject to the same election and campaign finance laws as candidates for other offices.

Vermont

In Vermont, 14 state’s attorneys (the county prosecutors) are elected for four-year terms at the election for state and other county officials and comply with the same election and campaign finance laws and party rules as other candidates (Vt. Const. Ch. 2, § 43 and Vt. Stat. Ann. Tit. 24, § 361). There are no qualifications specific to this office.

New York

All counties in New York elect district attorneys (NY Const. Art. 13, § 13). They run for four-year terms and are elected under the same campaign finance and election laws as apply to sheriff, county clerk, and county treasurer (NY CNTY Law § 400). A candidate for nomination or election to the office of district attorney must be a duly admitted attorney at law (Application of Sposato, 1943, 180 Misc. 933, 43 N. Y. S. 2d 426).

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