state attorney

In the USA, the chief legal officer of a state, usually elected. The state attorney's office investigates and conducts the majority of the criminal prosecutions and the civil litigation handled by the Department of Justice. While the US attorney general in effect supervises the work of all the nation's federal prosecuting attorneys and the federal prison system, a state attorney general typically has no authority over local district attorneys or state prisons.

The work of a state attorney's office in the civil arena entails the initiation of civil actions, or affirmative litigation, to assert and protect the interests of the USA. The state attorney also defends the interests of the government in lawsuits filed against the USA, referred to as defensive litigation. The office of a state attorney also handles other civil cases, such as when the USA is a third party plaintiff or defendant, a creditor, or an intervenor.

The system of US attorneys originated with the Judiciary Act of 1789, directing the president to appoint an attorney in each of the nation's federal districts. In 1820, the president was granted the power by Congress to designate an officer within the Treasury Department to oversee the activities of the US attorneys. Congress created the position of solicitor of the treasury in 1830 and empowered it to have control over all US attorneys as well as US marshals and clerks of court. Congress shifted this control in 1861 from the solicitor to the attorney general, but the transfer of full supervisory duties did not take place until 1870 with the creation of the Department of Justice.