Prosecutorial Independence State Survey - Association of Prosecuting Attorneys

State Survey

Question 1: Is prosecutorial authority (DA/Commonwealth/State’s Attorney) constitutional or statutory and the section or code?

Statutory:
Constitutional:
- Arizona: Article 22, Section 5
- Colorado: Colorado Constitution Article VI, Section 13
- Florida: Florida Constitution Article V, § 17
- Georgia: Georgia Constitution Article VI, § VIII, Paragraph I
- Idaho: Idaho Constitution Article V, § 18
- Illinois: Illinois Constitution Article VI, § 19
- Indiana: Indiana Constitution Article 7, § 16
- Kentucky: Kentucky Constitution § 97
- Mississippi: Mississippi Constitution Article 6, § 174
- New Jersey: New Jersey Constitution Article VII, Section II, Paragraph 1
- New Mexico: New Mexico Constitution Article VI, § 24
- North Carolina: North Carolina Constitution Article IV, § 18
- Oregon: Oregon Constitution Article VII § 1, Ore. Const. Art. VII § 17
- Texas: Texas Constitution Article V, § 21

Question 2: Who has authority over the prosecutor (statutory code) and what is the procedure for removal, suspension or other
punishment (statutory code)?

Alabama:
- Authority:
  - Attorney General – Code of Ala. § 12-17-184-(10, 11, 13, 21)
  - Governor – Code of Ala. § 12-17-184-(9, 10, 16)
- Procedure for Suspension:
  - Code of Ala. § 12-17-188
Arizona:
- Authority:
  - Attorney General – A.R.S. § 41-193-(A-2, A-3, A-6)
  - Governor – A.R.S. § 41-193-(A-2, A-5)
- Procedure for Removal:
  - A.R.S. § 38-343
Connecticut:
- Authority:
  - Chief State’s Attorney – Conn. Gen. Stat. § 51-277
- Procedure for Removal:
  - Conn. Gen. Stat. § 51-278b
Florida:
- Authority:
  - Attorney General – Fla. Stat. § 16.08 and Fla. Stat. § 27.05
- Procedure for Suspension:
  - Fla. Const. Art. IV, § 7
Georgia:
- Authority:
  - Attorney General – O.C.G.A. § 45-15-10
- Procedure for Discipline and Removal:
  - Ga. Const. Art. VI, § VIII, Para. II.
  - O.C.G.A. § 15-18-32
Hawaii:
- Authority:
  - Attorney General –
Idaho:
- Authority:
  - Attorney General – Idaho Code § 67-1401
- Procedure for Discipline and Investigation:
  - Idaho Code § 31-2002
Illinois:
- Authority:
  - Attorney General – 15 ILCS 205/4
Indiana:
- Authority:
  - Attorney General – Burns Ind. Code Ann. § 4-6-1-6
- Procedure for Removal:
  - Indiana Constitution Article 7, § 12
  - Burns Ind. Code Ann. § 5-8-1-19
Iowa:
- Authority:
  - Attorney General – Iowa Code § 13.2
- Procedure for Investigation and Removal:
  - Iowa Code § 66
Kansas:
- Authority:
  - Attorney General – K.S.A. § 75-704
Kentucky:
- Authority:
  - Attorney General – KRS § 69.013
Louisiana:
- Authority:
  - Attorney General – La. C.Cr.P. Art. 62
- Procedure for Removal:
  - La. R.S. § 42:1412
Maine:
- Authority:
  - Attorney General – 5 M.R.S. § 199
- Procedure for Removal:
  - 30-A M.R.S. § 257
Maryland:
- Procedure for Removal:
  - Maryland Constitution Article V, § 7
Michigan:
- Authority:
  - Attorney General – MCLS § 14.30
Montana:
- Authority:
  - Attorney General – 2-15-501, MCA
Nebraska:
- Authority:
  - Attorney General – R.R.S. Neb. § 23-1201
New Hampshire:
- Authority:
  - Attorney General – RSA 7:34
New Jersey
- Authority:
  - Attorney General – N.J. Stat. § 52:17B-103
- Procedure for Removal:
  - N.J. Stat. § 52:17B-110
New Mexico:
- Procedure for Removal:
  - N.M. Stat. Ann. §36-1-9
North Carolina:
- Procedure for Suspension and Removal:
  - N.C. Gen. Stat. § 7A-66
Ohio:
- Authority:
  - Attorney General – Ohio Rev. Code § 109.14
- Procedure for Removal:
  - Ohio Rev. Code § 309.05
Oklahoma:
- Authority:
  - Attorney General – 74 Okl. St. § 18b
- Procedure for Discipline:
  - 22 Okl. St. § 1193
Oregon:
- Authority:
  - Attorney General – ORS § 180.060 (5)
Pennsylvania:
- Authority:
  - Attorney General – 71 P.S. § 732-205
- Procedure for Removal:
  - 16 P.S. § 1406
South Carolina:
- Authority:
  - Attorney General – South Carolina Constitution Article V, § 24
South Dakota:
- Procedure for Suspension:
  - S.D. Codified Laws § 3-17-12
- Procedure for Removal:
  - S.D. Codified Laws § 3-17-3
Texas:
- Authority:
  - Attorney General – Tex. Gov’t Code § 4007.001
Washington:
West Virginia:
- Authority:
  - Attorney General – W. Va. Code §7-4-1
- Procedure for Removal:
  - West Virginia Constitution Article IX, § 4
Wisconsin:
- Procedure for Removal:
  - Wis. Stat. § 805.03
Wyoming:
- Procedure for Discipline:
  - Wyo. Stat. § 18-3-303

Question 3: Does the state AG have concurrent jurisdiction with the prosecuting attorney? If so, what is the statutory code and what are the crimes?

Yes
- Alabama
  - Code:
  - Crimes:
    - “The Attorney General…may superintend and direct the prosecution of any criminal case in any of the courts of this state”
- Arizona
- Arkansas
- California
  - Code:
    - California Constitution Article V § 13
    - Cal Gov Code § 12550
  - Crimes:
    - “The Attorney General…may, where he deems it necessary, take full charge of any investigation or prosecution of violations of law of which the superior court has jurisdiction. In this respect he has all the powers of a district attorney, including the power to issue or cause to be issued subpoenas or other process.”
- Colorado
  - Code:
    - C.R.S. 24-31-101
  - Crimes:
    - “The Attorney General…Shall have concurrent jurisdiction with the relevant district attorney over part 3 of article 120 of title 12;”
- Florida
  - Code:

- Georgia
  - Code:
  - Crimes:
    - “The Attorney General, as the head of the Department of Law and the chief legal officer of the state, is authorized to prosecute in the criminal courts of this state any official, person, firm, or corporation which violates any criminal statute while dealing with or for the state or any official, employee, department, agency, board, bureau, commission, institution, or appointee thereof;”
- Hawaii
  - Code:
  - Crimes:

- Idaho
  - Code:
    - Idaho Code § 67-1401
  - Crimes:
    - “It is the duty of the attorney general… to exercise concurrent investigative and prosecutorial authority and responsibility with county prosecutors to prosecute persons for the violation of the criminal provisions of chapter 2, title 56, Idaho Code, and for criminal offenses that are not defined in said chapter 2, title 56, Idaho Code, but that involve or are directly related to the use of medicaid program funds or services provided through the medicaid program.”
    - “It is the duty of the attorney general… to exercise concurrent investigative and prosecutorial authority and responsibility with county prosecutors to prosecute persons for the violation of the criminal provisions of sections 18-1507, 18-1509A, 18-1513 and 18-1515, Idaho Code, which may also encompass criminal offenses that are not defined in said sections but that involve or are directly related to child pornography and solicitation of minors for pornography, prostitution or sex-related offenses.”
- Illinois
  - Code:
    - 15 ILCS 205/4
  - Crimes:
    - While the Attorney General has prosecutorial powers under the common law, they generally lack the power to take exclusive charge of the prosecution of cases over which a State’s Attorney shares authority, unless exclusive or independent authority is given by statute.
- Indiana
  - Code:
    - Burns Ind. Code Ann. § 4-6-2-1.1.
  - Crimes:
    - “The attorney general has concurrent jurisdiction with the prosecuting attorney in the prosecution of the following:(1) Actions in which a person is accused of committing, while a member of an unlawful assembly as defined in IC 35-45-1-1, a homicide (IC 35-42-1). (2) Actions in which a person is accused of assisting a criminal (IC 35-44.1-2-5), if the person alleged to have been assisted is a person described in subdivision (1). (3) Actions in which a sheriff is accused of any offense that involves a failure to protect the life of a prisoner in the sheriff’s custody. (4) Actions in which a violation of IC 2-8.2-4-6 (concerning constitutional convention delegates) has occurred.“
- Iowa
  - Code:
    - Iowa Code § 13.2 (italicized text was added in 2023 amendment)
  - Crimes:
    - “Prosecute and defend in any other court or tribunal, all actions and proceedings, civil or criminal, in which the state may be a party or interested, when, in the attorney general’s judgment, the interest of the state requires such action, or when requested to do so by the governor, executive council, or general assembly. The attorney general may prosecute a criminal proceeding on behalf of the state even if a county attorney does not request the attorney general to act as a county attorney in a proceeding under section 331.754, subsection 7.“
- Kansas
  - Code:
    - K.S.A. § 75-702
  - Crimes:
    - “The attorney general shall also, when required by the governor or either branch of the legislature, appear for the state and prosecute or defend, in any other court or before any officer, in any cause or matter, civil or criminal, in which this state may be a party or interested or when the constitutionality of any law of this state is at issue and when so directed shall seek final resolution of such issue in the supreme court of the state of Kansas. The attorney general shall have authority to prosecute any matter related to a violation of K.S.A. 12-189 or 75-5133, and amendment thereto, related to unlawful acts when the offender is an officer or employee of a city or county.”
- Kentucky
  - Code:
    - KRS § 15.210
    - KRS § 15.232
  - Crimes:
    - “The Attorney General shall have concurrent jurisdiction with Commonwealth’s attorneys and county attorneys in the investigation and prosecution of offenses under KRS 433.890 to 433.896, 433.900 to 433.906, and 512.090.”
- Louisiana
  - Code:
    - La. C.Cr.P. Art. 62
  - Crimes:
    - “The attorney general has authority to institute and prosecute, or to intervene in any proceeding, as he may deem necessary for the assertion or protection of the rights and interests of the state.“
- Maine
  - Code:
    - 5 M.R.S. § 199
  - Crimes:
    - “The Attorney General may, in the Attorney General’s discretion, act in place of or with the district attorneys, or any of them, in instituting and conducting prosecutions for crime, and is invested, for that purpose, with all the rights, powers and privileges of each and all of them.”
- Maryland
  - Code:
    - Maryland Constitution Article V, § 3
  - Crimes:
    - (a) The Attorney General shall:(1) Prosecute and defend on the part of the State all cases pending in the appellate courts of the State, in the Supreme Court of the United States or the inferior Federal Courts, by or against the State, or in which the State may be interested, except those criminal appeals otherwise prescribed by the General Assembly.
      (2) Investigate, commence, and prosecute or defend any civil or criminal suit or action or category of such suits or
      actions in any of the Federal Courts or in any Court of this State, or before administrative agencies and quasi
      legislative bodies, on the part of the State or in which the State may be interested, which the General Assembly by
      law or joint resolution, or the Governor, shall have directed or shall direct to be investigated, commenced and
      prosecuted or defended.
      (3) When required by the General Assembly by law or joint resolution, or by the Governor, aid any State’s
      Attorney or other authorized prosecuting officer in investigating, commencing, and prosecuting any criminal suit or action or category of such suits or actions brought by the State in any Court of this State.
      (4) Give his opinion in writing whenever required by the General Assembly or either branch thereof, the Governor, the Comptroller, the Treasurer or any State’s Attorney on any legal matter or subject.
- Massachusetts
  - Code:
    - ALM GL ch. 12, § 6
    - ALM GL ch. 12, § 27
  - Crimes:
    - “He shall consult with and advise district attorneys in matters relating to their duties; and, if in his judgment the public interest so requires, he shall assist them by attending the grand jury in the examination of a case in which the accused is charged with a capital crime, and appear for the commonwealth in the trial of indictments for capital crimes.”
    - “District attorneys… shall aid the attorney general in the duties required of him, and perform such of his duties as are not required of him personally; but the attorney general, when present, shall have the control of such cases. They may interchange official duties.”
- Michigan
  - Code:
    - MCLS § 14.30
    - MCLS § 14.325
  - Crimes:
    - “The attorney general shall supervise the work of, consult and advise the prosecuting attorneys, in all matters pertaining to the duties of their offices;”
    - “A prosecuting attorney may conduct an investigation pursuant to this act and may institute and prosecute an action under this act in the same manner as the attorney general.”
- Minnesota
  - Code:
    - Minn. Stat. § 388.051
    - Minn. Stat. § 8.06
  - Crimes:
    - “The county attorney shall… appear, when requested by the attorney general, for the state in any case instituted by the attorney general in the county attorney’s county or before the United States Land Office in case of application to preempt or locate any public lands claimed by the state and assist in the preparation and trial.”
- Missouri
  - Code:
    - § 27.030 R.S.Mo.
  - Crimes:
    - “When directed by the governor, the attorney general, or one of his assistants, shall aid any prosecuting or circuit attorney in the discharge of their respective duties in the trial courts and in examinations before grand juries, and when so directed by the trial court, he may sign indictments in lieu of the prosecuting attorney.”
- Nebraska
  - Code:
    - R.R.S. Neb. § 84-204
  - Crimes:
    - “The Attorney General and the Department of Justice shall have the same powers and prerogatives in each of the several counties of the state as the county attorneys have in their respective counties.”
- Nevada
  - Code:
    - Nev. Rev. Stat. Ann. § 453.3648
    - Nev. Rev. Stat. Ann. § 201.345
  - Crimes:
    - Illegal Internet Pharmacies
      - “The Attorney General has concurrent jurisdiction with the district attorneys of this State for the enforcement of the provisions of NRS 453.3611 to 453.3648, inclusive.” – Nev. Rev. Stat. Ann. § 453.3648
    - Pandering, Prostitution and Disorderly Houses
      - “The Attorney General has concurrent jurisdiction with the district attorneys of the counties in this State to prosecute any violation of NRS 201.300, 201.301, 201.320, 201.354 or 201.395.” – Nev. Rev. Stat. Ann. § 201.345
- New Hampshire
  - Code:
    - RSA 7:34
  - Crimes:
    - “The county attorney of each county shall be under the direction of the attorney general, and, in the absence of the latter, he or she shall perform all the duties of the attorney general’s office for the county.”
- New Jersey
  - Code:
    - N.J. Stat. § 52:17B-105
    - N.J. Stat. § 52:17B-106
  - Crimes:
    - “Any county prosecutor may request in writing the assistance of the Attorney General in the conduct of any criminal investigation or proceeding. The Attorney General may thereafter take whatever action he deems necessary to assist the county prosecutor in the discharge of his duties. Whenever the Attorney General shall take any such action, he shall be authorized to exercise all the powers and perform all the duties which by law are conferred upon or required of the county prosecutor making such request.”
    - “Whenever requested in writing by the Governor, the Attorney General shall, and whenever requested in writing by a grand jury or the board of chosen freeholders of a county or the assignment judge of the superior court for the county, the Attorney General may supersede the county prosecutor for the purpose of prosecuting all of the criminal business of the State in said county, intervene in any investigation, criminal action, or proceeding instituted by the county prosecutor, and appear for the State in any court or tribunal for the purpose of conducting such investigations, criminal actions or proceedings as shall be necessary for the protection of the rights and interests of the State.”
- New Mexico
  - Code:
  - Crimes:
    - “That upon the failure or refusal of any district attorney to act in any criminal or civil case or matter in which the county, state or any department thereof is a party or has an interest, the attorney general be, and he is hereby, authorized to act on behalf of said county, state or any department thereof, if after a thorough investigation, such action is ascertained to be advisable by the attorney general.”
- New York
  - Code:
    - NY CLS Exec § 63
  - Crimes:
    - “Whenever required by the governor, attend in person, or by one of his deputies…the attorney-general or his deputy so attending shall exercise all the powers and perform all the duties in respect of such actions or proceedings, which the district attorney would otherwise be authorized or required to exercise or perform” (Section 2)
    - “Prosecute every person charged with the commission of a criminal offense in violation of any of the laws of this state against discrimination because of age, race, sex, creed, color, national origin, sexual orientation, gender identity or expression, military status, disability, predisposing genetic characteristics, familial status, marital status, citizenship or immigration status, or domestic violence victim status, in any case where in his judgment, because of the extent of the offense, such prosecution cannot be effectively carried on by the district attorney of the county wherein the offense or a portion thereof is alleged to have been committed, or where in his judgment the district attorney has erroneously failed or refused to prosecute. In all such proceedings, the attorney-general may appear in person or by his deputy or assistant before any court or any grand jury and exercise all the powers and perform all the duties in respect of such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform.” (Section 10)
- Ohio
  - Code:
    - Section 109.02
    - Section 109.83
  - Crimes:
    - “Upon the written request of the governor, the attorney general shall prosecute any person indicted for a crime.”
    - Organized criminal activity
- Oklahoma
  - Code:
    - 74 Okl. St. § 18b
  - Crimes:
    - “[the Attorney General shall] initiate or appear in any action in which the interests of the state or the people of the state are at issue, or to appear at the request of the Governor, the Legislature, or either branch thereof, and prosecute and defend in any court or before any commission, board or officers any cause or proceeding, civil or criminal, in which the state may be a party or interested; and when so appearing in any such cause or proceeding, the Attorney General may, if the Attorney General deems it advisable and to the best interest of the state, take and assume control of the prosecution or defense of the state’s interest therein” (Section 2)
    - “[the Attorney General shall] investigate and prosecute any criminal action relating to insurance fraud, if in the opinion of the Attorney General a criminal prosecution is warranted, or to refer such matters to the appropriate district attorney.” (Section 23)
- Oregon
  - Code:
  - Crimes:
- Pennsylvania
  - Code:
    - 71 P.S. § 732-205.
  - Crimes:
- South Dakota
  - Code:
    - S.D. Codified Laws § 23-3-3
  - Crimes:
    - “In any and all criminal proceedings in any and all courts of this state and in any county or part of the state, the attorney general shall have concurrent jurisdiction with the state’s attorney or state’s attorneys of the several counties of the state.”
- Vermont
  - Code:
    - 3 V.S.A. § 152
    - 15 V.S.A. § 1093
  - Crimes:
    - “The Attorney General may represent the State in all civil and criminal matters as at common law and as allowed by statute. The Attorney General shall also have the same authority throughout the State as a State’s Attorney.”
    - “In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the Attorney General or a State’s Attorney may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is: (1) an existing child custody determination; (2) a request to do so from a court in a pending child custody proceeding; (3) a reasonable belief that a criminal statute has been violated; or (4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.”
- Virginia
  - Code:
    - Va. Code Ann. § 2.2-511.
  - Crimes:
    - “Unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving (i) violations of the Alcoholic Beverage Control Act (§ 4.1-100 et seq.), (ii) violation of laws relating to elections and the electoral process as provided in § 24.2-104, (iii) violation of laws relating to motor vehicles and their operation, (iv) the handling of funds by a state bureau, institution, commission or department, (v) the theft of state property, (vi) violation of the criminal laws involving child pornography and sexually explicit visual material involving children, (vii) the practice of law without being duly authorized or licensed or the illegal practice of law, (viii) violations of § 3.2-4212 or 58.1-1008.2, (ix) with the concurrence of the local attorney for the Commonwealth, violations of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of the Air Pollution Control Law (§ 10.1-1300 et seq.), the Virginia Waste Management Act (§ 10.1-1400 et seq.), and the State Water Control Law (§ 62.1-44.2 et seq.), (xi) with the concurrence of the local attorney for the Commonwealth, violations of Chapters 2 (§ 18.2-18 et seq.), 3 (§ 18.2-22 et seq.), and 10 (§ 18.2-434 et seq.) of Title 18.2, if such crimes relate to violations of law listed in clause (x) of this subsection, (xii) with the concurrence of the local attorney for the Commonwealth, criminal violations by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave the prosecution to the local attorney for the Commonwealth, or he may institute proceedings by information, presentment or indictment, as appropriate, and conduct the same, (xiii) with the concurrence of the local attorney for the Commonwealth, violations of Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2, (xiv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of §§ 18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of § 18.2-46.2, 18.2-46.3, or 18.2-46.5 when such violations are committed on the grounds of a state correctional facility, and (xvi) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 of Title 18.2.”
- Washington
  - Code:
    - Rev. Code Wash. (RCW) § 43.10.232
    - Rev. Code Wash. (RCW) § 77.15.065
  - Crimes:
    - “(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate crimes and initiate and conduct prosecutions upon the request of or with the concurrence of any of the following: (a) The county prosecuting attorney of the jurisdiction in which the offense has occurred; (b) The governor of the state of Washington; or (c) A majority of the committee charged with the oversight of the organized crime intelligence unit.”
    - Fish and Wildlife code infractions – “If the prosecuting attorney of the county in which a violation of this title or rule of the department occurs fails to file an information against the alleged violator, the attorney general upon request of the commission may file an information in the superior court of the county and prosecute the case in place of the prosecuting attorney.”
- Wisconsin
  - Code:
    - Wis. Stat. § 111.12
  - Crimes:
    - “Upon the request of the commission, the attorney general or the district attorney of the county in which a proceeding is brought before the circuit court for the purpose of enforcing or reviewing an order of the commission shall appear and act as counsel for the commission in such proceeding and in any proceeding to review the action of the circuit court affirming, modifying or reversing such order.”
- Wyoming
  - Code:
    - Wyo. Stat. § 9-1- 603
  - Crimes:
    - “Upon the failure or refusal of any district or county attorney to act in any criminal or civil case or matter in which the county, state or any agency thereof is a party, or has an interest, the attorney general may, at the request of the board of county commissioners of the county involved or of the district judge of the judicial district involved, act on behalf of the county, state or any agency thereof, if after a thorough investigation the action is deemed advisable by the attorney general. The cost of investigation and the cost of any prosecution arising therefrom shall be paid out of the general fund of the county where the investigation and prosecution take place. The attorney general shall also, upon direction of the governor, investigate any matter in any county of the state in which the county, state or any agency thereof may be interested. After investigation, the attorney general shall submit a report of the investigation to the governor and to the district or county attorney of each county involved and may take such other action as he deems appropriate.”
No
- Connecticut
- Mississippi
- Rhode Island (Rhode Island does not have any District Attorneys)
- West Virginia

Question 4: Does the state AG have any type of supervisory authority over the prosecuting attorney? If so, what is the statutory
code? What type of authority?

State Survey

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