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OLR Research Report


February 24, 2003

 

2003-R-0231

STATES THAT ELECT THEIR CHIEF PROSECUTORS

By: George Coppolo, Chief Attorney

You asked how many states elect their chief prosecutors.

According to a report published in the May 2002 U.S. Department of Justice, Bureau of Justice Statistics Bulletin, 47 states elect their chief prosecutors and three (Alaska, Connecticut, and New Jersey) appoint them. The report is based on a review of state statutes, a 2001 national Directory of Prosecuting Attorneys, and state prosecutor coordinator's offices.

Table 1 lists the number of chief prosecutors for each state, their titles, and areas of jurisdiction.

Table 1: Chief Prosecutors Who Handle

Felony Cases in State Courts, 2001

State

Number of Chief Prosecutors

Title

Areas of Jurisdiction

Elected

Appointed

Alabamaa

41

District Attorney

Judicial circuit

X

 

Alaska

1

Attorney General

Entire state

 

X

Arizona

15

County Attorney

County

X

 

Arkansas

28

Prosecuting Attorney

Judicial circuit

X

 

California

58

District Attorney

County, City/County government of San Francisco

X

 

Colorado

22

District Attorney

Judicial circuit

X

 

Connecticut

13

State's Attorney

Judicial district which is city and town based

 

X

Delaware

1

Attorney General

Attorney General has primary duties for entire State

X

 

District of Columbia

1

U.S. Attorney

U.S. Attorney has jurisdiction over adult felony and misdemeanor cases

 

X

Florida

20

State Attorney

Judicial circuit

X

 

Georgia

48

District Attorney

Judicial circuit

X

 

Hawaii

4

Prosecuting Attorney

County

X

 

Idaho

44

Prosecuting Attorney

County

X

 

Illinois

102

State's Attorney

County

X

 

Indiana

90

Prosecuting Attorney

Judicial circuit

X

 

Iowa

99

County Attorney

County

X

 

Kansas

105

County Attorney Called District Attorney in 5 counties

County

X

 

Kentucky

56

Commonwealth's Attorney

Judicial circuit

X

 

Louisiana

41

District Attorney

Judicial circuit, Orleans

X

 

Maine

8

District Attorney

Geographical district

X

 

Maryland

24

State's Attorney

County, Baltimore City

X

 

Massachusetts

11

District Attorney

Geographical district

X

 

Michigan

83

Prosecuting Attorney

County

X

 

Minnesota

87

County Attorney

County

X

 

Mississippi

22

District Attorney

Judicial circuit

X

 

Missouri

115

Prosecuting Attorney Called Circuit Attorney in city of St. Louis

County

X

 

Montana

55

County Attorney

County

X

 

Nebraska

93

County Attorney

County

X

 

Nevada

17

District Attorney

County, Carson City

X

 

New Hampshire

10

County Attorney

County

X

 

New Jersey

21

County Prosecutor

County

 

X

New Mexico

14

District Attorney

Judicial district

X

 

New York

62

District Attorney

County (5 boroughs of New York City)

X

 

North Carolina

39

District Attorney

Prosecutorial district

X

 

North Dakota

53

State's Attorney

County

X

 

Ohio

88

Prosecuting Attorney

County

X

 

Oklahoma

27

District Attorney

Judicial district

X

 

Oregon

36

District Attorney

County

X

 

Pennsylvania

67

District Attorney

County, City/County government

X

 

Rhode Island

1

Attorney General

Attorney General has primary duties for entire state

X

 

South Carolina

16

Solicitors

Judicial district

X

 

South Dakota

66

State's Attorney

County

X

 

Tennessee

31

District Attorneys General

Judicial district

X

 

Texasb

155

District Attorney, Criminal District Attorney, and County and District Attorney

County, judicial district

X

 

Utah

29

County Attorney Called District Attorney in Salt Lake County

County

X

 

Vermont

14

State's Attorney

County

X

 

Virginia

120

Commonwealth's Attorney

County, 26 independent cities

X

 

Washington

39

Prosecuting Attorney

County

X

 

West Virginia

55

Prosecuting Attorney

County

X

 

Wisconsin

71

District Attorney

County (2 counties that share a district attorney)

X

 

Wyoming

23

District Attorney County and Prosecuting Attorney

Judicial district, County where district attorney has office has not been created

X

 

Total

2,341

   

46

4

a The 10th Judicial Circuit is divided into 2 prosecutorial districts, each with a district attorney.

b Four counties (Kerr, Pecos, Reagan, and Tom Green) have 2 district attorneys with concurrent jurisdiction.

Sources: U.S. Department of Justice, Prosecutors in State Courts, 2001

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