What Is a State’s Attorney?

A state’s attorney, also known as a district attorney, is an elected or appointed public official who acts as the chief prosecutor for their jurisdiction. Depending on the state or county, they may be referred to as the district attorney (DA), commonwealth’s attorney, county attorney, prosecuting attorney, or solicitor. Their primary job is to enforce the criminal laws, prosecute criminal prosecutions, and represent the state in all legal proceedings.

The duties of the state’s attorney include the filing of criminal charges on behalf of the state, negotiating plea bargains with defense attorneys, participating in jury trials, and representing the state in appeals. Additionally, they may provide guidance to a county’s police department on legal matters, acting as a legal advisor to local government, and supporting victims throughout the criminal justice process. While typically elected, some states appoint state’s attorneys.

Notable State’s Attorneys

As the public face of the criminal justice system in their jurisdiction, state’s attorneys have the power to both create and upend criminal cases. Some of the most notable state’s attorney’s include Cyrus Vance in New York City, Kim Foxx in Chicago, and Larry Krasner in Philadelphia. They’ve all made national headlines for progressive reforms to the criminal justice system.

In addition to effecting change at the prosecutorial level, state’s attorneys have also inspired popular culture portrayals in movies and television. Shows like Law and Order and The Good Wife often have themes involving a state’s attorney trying to bring justice to the community, and in some cases, even featuring real-life state’s attorneys in cameos.

What State’s Attorneys Mean for You

State’s attorneys are the gatekeepers of the criminal justice system. As the public face of criminal justice within each county and state, they carry the weight and influence of their office on every case they process. As such, their actions— both good and bad— have been shown to have great effects on the communities they serve.

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Whether you are a law enforcement officer, criminal defense lawyer, public defender, victim, or community member, it is important to understand the role and duties of a state’s attorney and how they may affect your case. Ultimately, a state’s attorney serves the people and works to uphold the law.

Related Legal Concepts

Understanding the role of a state’s attorney often intersects with other key legal positions in the criminal justice system. They work closely with defense attorneys who represent the accused, and may collaborate with prosecuting attorneys in complex cases. In federal matters, they coordinate with United States Attorneys who handle federal crimes within their districts. When defendants choose to turn state’s evidence, state’s attorneys play a crucial role in negotiating cooperation agreements and determining appropriate charges.

The Bottom Line

State’s attorneys serve as the primary enforcers of criminal law at the local level, wielding significant discretionary power in determining which cases to prosecute and how to pursue justice for their communities. Their decisions directly impact public safety, individual lives, and the overall functioning of the criminal justice system within their jurisdiction. For guidance specific to your situation, always consult a qualified, licensed attorney.