Define District Attorney, asbestosdefinition.com | The term “district attorney” is not always used by judges in their opinions. Many times they prefer to use terms such as “prosecutor”attorney” and often the judge will end the opinion with something like, “for the Court”.
Some jurisdictions allow the judge to define the district attorney using the same terms that are used in the title of the case. This is referred to as a “prototypical district defense.”
A prototype may be used for one judge and then be adopted by the county attorney in the county in which the action is pending. Other jurisdictions, however, require that the original attorney be used in all matters before the same district attorney. This is referred to as a “prototypical prosecutor.”
If a case is tried before a jury, the judge may use the term “prosecutor” instead of “district attorney” because juries in criminal cases are instructed to consider the reputation of the district attorney in deciding whether to convict the defendant. If a jury has not heard of the previous office of the district attorney, the jury must have some clue of who that person is.
District attorneys have several points to discuss in their rebuttal to the prosecution or in their jury instructions. In most jurisdictions they refer to the status of the case or the charge as “open” when they speak to the jury. They also refer to the court as “this court” when discussing the case with the judge.
Open case is not a valid defense in any jurisdiction and the prosecutor can only do this if the case is tried before a jury. However, the prosecutor can often be effective in making the prosecution, and this court, appear to be a higher court than it really is.
The definition of the office and of the judge thatis used in the first instance may have to be changed later to reflect the status of the proceeding. If the case is tried in the county in which the defendant resides, and the defendant wishes to file a motion in the county court, the defendant may submit a memorandum requesting a change in venue. This motion must be filed within two weeks of the defendant’s arrest.
If the case is tried in another state, the prosecutor has to supply the name of the judge in that state. The judge will be referred to as the “senior district judge” and the trial will be held in the county in which the defendant resides. For a trial in a state other than a defendant’s home state, the judge will be called the “junior district judge.”
Circuit courts in the U.S. are divided into district courts for criminal, civil, probate, and family cases. The “jurisdiction of the circuit court” is where the judge sits and the “area of competence” is the area of criminal or civil jurisdiction where the judge presides. For example, a judge sitting in an office in San Francisco is the chief district judge of California, while a judge sitting in another area of California is a senior district judge.
Most jurisdictions have elected an “officer” for the district attorney’s office. The individual serving as the district attorney’s officer for their jurisdiction is referred to as the “state’s attorney.” Every state has an officer for the district attorney’s office, but each officer has a different office address.
The officers for the district attorney’s office in a given jurisdiction will be listed on the registration form filed with the state’s attorney. The officers are responsible for supervising the district attorney’s office. Their duties include entering disciplinary actions against attorneys and reviewing documents to be submitted to the Office of Disciplinary Counsel.
When a person is arrested, they must report to the arresting officer’s office. They should tell their arresting officer what their name is, their office address, and where they were arrested.