When people ask how many US attorneys are there, they often mix up federal prosecutors, Senate-confirmed presidential appointees, and the entire army of lawyers working inside the federal government. To get a clear picture, you have to look at the specific tiers that make up the Department of Justice (DOJ) and the federal court system.
At any given time, there are 93 Senate-confirmed United States Attorneys serving across the 94 federal judicial districts. However, if you include Assistant United States Attorneys who handle day-to-day prosecutions and civil litigation, that number climbs past 5,000. Zoom out further to encompass all attorneys employed by the federal government, and you are looking at roughly 30,000 lawyers working across various agencies. This breakdown clears up the confusion surrounding federal legal staffing and explains who holds real prosecutorial power in the United States.
Understanding the Senate-Confirmed US Attorneys
The term "United States Attorney" officially refers to the chief federal law enforcement officers in each of the nation's 94 federal judicial districts. President Joe Biden or any sitting president appoints these individuals, and the Senate must confirm them.
Because two districts share a single US attorney (Guam and the Northern Mariana Islands), there are only 93 actual Senate-confirmed US attorneys for those 94 districts. They report directly to the Attorney General at the Department of Justice in Washington, D.C. Their primary job involves prosecuting criminal cases brought by the federal government, defending the United States in civil cases, and collecting debts owed to the federal government. Further information regarding the matter are covered by Associated Press.
These officials do not work alone in courtrooms across the country. In fact, most day-to-day trial work falls to other attorneys on their staffs.
The Role of Assistant United States Attorneys
While 93 principal US attorneys run the offices, the heavy lifting of federal litigation falls to Assistant United States Attorneys, commonly called AUSAs. There are more than 5,000 AUSAs distributed among the 94 district offices and various branch offices nationwide.
AUSAs handle criminal investigations, grand jury proceedings, federal trials, and civil defense litigation. They work under the direct supervision of the presidentially appointed US attorney for their district.
How Assistant US Attorneys Get Their Jobs
Unlike the chief US attorneys, AUSAs are career civil servants rather than political appointees. They don't lose their jobs when a new presidential administration takes office.
- Hiring happens locally within each district office.
- Candidates typically need several years of courtroom or heavy litigation experience.
- Background checks and security clearances are mandatory before hire.
- Compensation scales follow the federal government's GS pay schedule, often augmented by special salary rates for attorneys.
The Broader Landscape of Federal Government Attorneys
If you expand the definition past the Department of Justice's trial attorneys, the total number of lawyers working for the federal government is massive. The Office of Personnel Management reports that the federal government employs roughly 30,000 attorneys across all executive, legislative, and judicial branches.
These lawyers work in agencies like the Securities and Exchange Commission, the Environmental Protection Agency, the Department of Defense, and the Internal Revenue Service. They draft regulations, provide legal compliance advice, and represent their specific agencies in administrative hearings and federal court. None of these professionals carry the title of "United States Attorney," but they form the legal backbone of the federal apparatus.
Common Misconceptions About Federal Legal Roles
People frequently confuse different titles within the federal justice system. This confusion leads to inaccurate counts and misunderstood responsibilities.
US Attorney vs. Attorney General
The Attorney General leads the entire United States Department of Justice and sits in the President's Cabinet. Individual US attorneys manage specific regional districts. Think of the Attorney General as the CEO of federal law enforcement and US attorneys as regional branch managers.
Federal Prosecutors vs. State Prosecutors
State and local prosecutors work for counties, cities, or state governments, handling crimes like murder, theft, and local drug offenses under state law. US attorneys and AUSAs only handle violations of federal law, such as immigration offenses, tax fraud, federal drug trafficking, and white-collar crimes that cross state lines. You can read more about federal jurisdiction guidelines at the Department of Justice.
Frequently Asked Questions
Can a US attorney private practice on the side?
No. Senate-confirmed US attorneys and Assistant US attorneys are full-time government employees and cannot engage in outside private law practice while holding office.
How long is the term for a US attorney?
By statute, the term of a US attorney is four years. However, they serve at the pleasure of the president and can be replaced or reappointed before or after their term expires. Many stay through multiple administrations or until a new president takes office and installs their own picks.
Do US attorneys go to court themselves?
While chief US attorneys are primarily administrators and public faces of their offices, many still step into the courtroom for high-profile trials. The vast majority of courtroom litigation, however, is handled by Assistant US Attorneys.
What is the difference between the District of Columbia and other districts?
The U.S. Attorney's Office for the District of Columbia is unique. Because of its location, it handles both federal crimes and local District of Columbia criminal cases that would normally be prosecuted by a local district attorney in other jurisdictions. This makes it the largest U.S. Attorney's office in the country.
