Local government

District Attorney

The Basics

Pretty much every county in the U.S. has a District Attorney. Your state might call them county attorneys, county prosecutors, state attorneys, prosecuting attorneys, commonwealth’s attorneys, or solicitors instead. Your county’s district attorney, or DA, leads an office of prosecutors, which is usually called the District Attorney’s Office. This office has the authority to press charges on any crimes that occur in the area they’re responsible for, and sometimes traffic violations too. The DA’s office also works with different law enforcement agencies, like your county sheriff’s department or your local police department, to investigate crimes; and often provides services to crime victims.

One of a prosecutor’s most important responsibilities is deciding which criminal cases get prosecuted and which do not. Depending on the circumstances, prosecutors may also have the power to decide what level of crime to charge a suspect with – and if you live in one of the many states that revokes voting rights for certain criminal convictions (this is called felony disenfranchisement), that means prosecutors have some power over voting rights too. Prosecutors often guide and recommend sentencing if a person is convicted, and they have the power to investigate, grant immunity, and offer plea bargains. The DA oversees all these choices for their office, which gives them a lot of power over your local justice system.

If you care about policing or criminal justice issues, the district attorney is an especially important local office for you to know about, but the choices they make impact every single person in your community.

In almost every state, counties elect their district attorneys. There are a few exceptions: in Connecticut and New Jersey, DAs are appointed; and in Alaska, Delaware, and Rhode Island, all criminal prosecutions go directly through the state Attorney General’s office, so there aren’t any independent local DAs. Washington DC and the U.S. territories, because they’re not states, are directly under the jurisdiction of the federal government, so crimes there are prosecuted by a U.S. Attorney appointed by the President.

Source: the National District Attorneys Association

How can I make my voice heard?

Vote

In most states, DAs are elected, so they run campaigns just like your local city council member. That means you can vote for or against them.

Volunteer

You can also get directly involved by supporting or opposing their campaigns. Nationwide, more than 80% of DAs run unopposed, meaning that no one runs against them in elections, and voter turnout in these races is often very low – it’s not unusual for only 10 or 20% of eligible voters to cast ballots. That means you have a real opportunity to make a difference.

Who’s the boss?

In a few states, DAs are appointed – that means they have a boss. If you want to see change from your local DA, reach out to the boss (it could be your governor or a state commission). Find out how it works in your state and then ask for a meeting to discuss.

What have District Attorneys done?

District attorneys have a huge influence on policing and criminal justice issues in your community. Here are just a few examples of actions that have made a big impact:

Case Study: abortion laws and the criminalization of pregnancy - how DAs use their prosecutorial discretionLink

In 1973, the U.S. Supreme Court established the right to an abortion nationwide. Nearly 50 years later, when a different Supreme Court decision (2022’s Dobbs v. Jackson) overturned that right, states were left to set their own abortion laws. In Louisiana, abortion is illegal at any stage of pregnancy except in cases where it’s deemed medically necessary to save the life of the pregnant woman or prevent “serious, permanent impairment” of a major organ. The law also includes a provision that women who undergo abortions cannot be criminally charged. Despite many states including similar carve-outs, investigations have found that pregnancy-related prosecutions still occur, and have increased since the nationwide right to abortion was overturned.

District attorneys have a lot of discretion to decide which cases to prioritize, and one Louisiana DA has exercised that discretion by choosing not to prosecute pregnancy-related cases. New Orleans District Attorney Jason Williams first announced this policy in a 2021 op-ed, pointing to his community’s maternal health crisis and highlighting a 2019 Alabama case where a DA chose not to prosecute Marshae Jones, a Black woman who was indicted in the death of her fetus after she was shot multiple times in the stomach. He also emphasized that Black women are more likely to be criminalized in cases like this. After Dobbs was decided, Williams reaffirmed his stance, reportedly confirming to city government that he would not pursue prosecutions against doctors or abortion-seekers. Other DAs in Louisiana have taken a more strict approach to the state’s abortion law: DA of the 18th Judicial District Tony Clayton, for example, indicted a New York doctor for providing abortion medication to a Louisiana minor via her mother. Louisiana’s Attorney General also favors stricter enforcement. The issue is a striking example of the power of prosecutorial discretion.

Source: Louisiana Consolidated Statutes, Title 40 Section 1061; Time (2021); Time (2024); The Lens New Orleans; Ms. Magazine; Fox 8 News; WWNO News; the Brookings Institution

How does it work in my state?

Scroll down and click on your state to learn more about the specifics of a district attorney’s powers and responsibilities where you live. (If your state isn’t here yet, check back often – we’re adding more info all the time. If your state doesn’t elect DAs, it won’t appear here.)

LouisianaLink

Term limits: none; terms are six years

Eligibility: to run for District Attorney, you must be a licensed attorney, have practiced law in Louisiana for at least 5 years, and have lived in the judicial district you want to represent for at least two years

Louisiana is divided into 42 judicial districts (some districts cover multiple parishes). There are 42 district attorneys, all elected at-large by all the voters of their district. A district attorney’s main powers and responsibilities are:

  • Criminal prosecutions
    This is the biggest part of a DA’s job – the office decides which charges to bring, guide and recommend sentencing, advise grand juries, offer plea deals, and collaborate with law enforcement to investigate the cases they’re prosecuting
  • Managing Assistant District Attorneys
    The DA doesn’t work on most cases personally – instead, they manage an office of prosecutors, assigning cases and providing guidance
  • Representing the state in civil cases
    Except in Orleans Parish – there, the DA represents the state in juvenile court
  • Advising local governments
    In some parishes, the DA is the official legal counsel for local government bodies like police juries and school boards, helping officials understand legal issues and making sure state law is followed
  • Setting policy
    DA’s have some leeway on which types of crimes to prioritize and what kind of charges to bring, and can advise prosecutors accordingly. 

Sources: Louisiana Revised Statutes 16.1 and 16.2; the Law Library of Louisiana

North CarolinaLink

Term limits: none; terms are four years

Eligibility: to run for any office in North Carolina, you must be at least 21 years old and eligible to vote in the state; district attorneys must also be licensed to practice law in North Carolina, but cannot practice law privately while they are in office

The state is divided into 43 Prosecutorial Districts (find yours here), and each has a district attorney, who is elected at-large by all the voters in the district. The district attorney’s main powers and responsibilities are:

  • Criminal prosecutions
    This is the biggest part of a DA’s job – the office decides which charges to bring, requests bail, guides and recommends sentencing, offers plea deals, and collaborates with law enforcement to investigate the cases they’re prosecuting
  • Managing Assistant District Attorneys
    The DA doesn’t work on most cases personally – instead, they manage an office of prosecutors, assigning cases and providing guidance
  • Prosecuting infractions
    Infractions are non-criminal violations that don’t result in jail time – things like littering and minor traffic offenses
  • Representing the state in juvenile cases
  • Supervising special divisions focused on specific types of crime
    Especially in larger-population districts with busier courts, DA’s offices might have several of these
  • Providing the Attorney General with all relevant case information if cases are appealed
    In North Carolina, all appeals are handled by the state Department of Justice
  • Setting policy for their office
    DA’s have some leeway on which types of crimes to prioritize and what kind of charges to bring, and can advise prosecutors accordingly. They can also collaborate with law enforcement and local courts on special programs, like alternatives to prosecution

Sources: the North Carolina Constitution, Article IV and Article VI; the North Carolina General Statutes Chapter 7A and Chapter 14; the North Carolina Department of Justice; the District Attorney’s Office for Prosecutorial District 26

PennsylvaniaLink

Term limits: none; terms are four years

Eligibility: to run for District Attorney, you must be a US citizen, at least 25 years old, and a resident of the county you want to serve in; and must have been admitted to practice law in Pennsylvania for at least one year. district attorneys also need to keep their law license active throughout their time in office

Each of Pennsylvania’s 67 counties has a district attorney, who is elected at-large by all the state’s voters. The district attorney’s main powers and responsibilities are:

  • Criminal prosecutions
    This is the biggest part of the DA’s job – the office decides which charges to bring, advises grand juries, offers plea deals, and collaborates with law enforcement to investigate the cases they’re prosecuting. Pennsylvania gives judges and DA’s a lot of leeway on sentencing, so DA’s can play a big role in how long someone spends in jail or prison if they are convicted
  • Managing Assistant District Attorneys
    The DA doesn’t work on most cases personally – instead, they manage an office of prosecutors, assigning cases and providing guidance
  • Request the Pennsylvania Attorney General’s assistance on a case if needed
  • Supervising special divisions focused on specific types of crime
    Especially in larger-population counties, DA’s offices might have several of these
  • Setting policy
    DA’s have some leeway on which types of crimes to prioritize and what kind of charges to bring, and can advise prosecutors accordingly. They can also create new programs and divisions to focus on specific issues

Sources: Pennsylvania Consolidated Statutes; the Pennsylvania Commission on Sentencing; the Philadelphia District Attorney’s Office 

Virginia: Commonwealth's AttorneyLink

Term limits: none; terms are four years

Eligibility: to run for Commonwealth’s Attorney, you must be eligible to vote in Virginia, and must be a licensed attorney admitted to practice in Virginia 

Every county and independent city in Virginia has a commonwealth’s attorney. There are 120 in total, and all are elected at-large by all the voters of their area. A few offices have jurisdiction over multiple areas, but most represent just one county or city. The commonwealth’s attorneys main powers and responsibilities are:

  • Criminal prosecutions
    This is the biggest part of a CA’s job – the office decides which charges to bring, guide and recommend sentencing, offer plea deals, and collaborate with law enforcement to investigate the cases they’re prosecuting
  • Managing Assistant Commonwealth’s Attorneys
    The CA doesn’t work on most cases personally – instead, they manage an office of prosecutors, assigning cases and providing guidance
  • Enforcing forfeitures
    A forfeiture is when law enforcement seizes someone’s assets or property because it was involved in a crime
  • Setting policy
    CA’s have some leeway on which types of crimes to prioritize and what kind of charges to bring, and can advise prosecutors accordingly. They can also create new programs and divisions to focus on specific issues

Sources: the Code of Virginia; the Virginia Association of Commonwealth’s Attorneys; Cornell Law School Legal Information Institute