U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 35— UNITED STATES ATTORNEYS

28 U.S.C. § 543

Special attorneys

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(a) The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires, including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country.(b) Each attorney appointed under this section is subject to removal by the Attorney General.(c)Indian Country.—In this section, the term “Indian country” has the meaning given that term in section 1151 of title 18.(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618; amended Pub. L. 111–211, title II, § 213(a)(1), July 29, 2010, 124 Stat. 2268.)

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

(a)

28 U.S.C. 503.

[None].

 

5 U.S.C. 298.

July 28, 1916, ch. 261, § 1 (6th par. on p. 413), 39 Stat. 413.

(b)

28 U.S.C. 504(b) (2d sentence, less applicability to assistant United States attorneys).

[None].

The text of former section 298 of title 5 is omitted as unnecessary. The position so authorized has not been filled in recent years, and the authority is preserved by this section and revised section 3101 of title 5, United States Code.

In subsection (b), the word “is” is substituted for “shall be”.

1948 Act

Prior section 503.—Based on section 312 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees (R.S. § 363).

Other provisions of section 312 of title 5, U.S.C., 1940 ed., are incorporated in sections 507 [now 509 and 547] and 508 [now 548] of this title.

Changes were made in phraseology.

Editorial NotesPrior Provisions

A prior section 543, act June 25, 1948, ch. 646, 62 Stat. 911, related to oath of office for United States Marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 563 of this title by section 4(c) of Pub. L. 89–554.

Amendments

2010—Subsec. (a). Pub. L. 111–211, § 213(a)(1)(A), inserted “, including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country” before period at end.

Subsec. (c). Pub. L. 111–211, § 213(a)(1)(B), added subsec. (c).

Notes of Decisions
Cited in 41 cases, 1956–2018 · leading case: In Re Grand Jury Subpoena of Alphonse Persico, 522 F.2d 41 (2d Cir. 1975).
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In Re Grand Jury Subpoena of Alphonse Persico, 522 F.2d 41 (2d Cir. 1975). · cites it 6× “§ 363 (now codified, as modified, at 28 U.S.C. § 543 (a)). After the creation in 1870 of the Department of Justice, the Attorney General obtained authorization to name special attorneys to aid the Attorney General in the “trial of any case.”
United States v. Navarro, 972 F. Supp. 1296 (E.D. Cal. 1997). · cites it 5× “C: § 3372(a) and 28 U.S.C. § 543 . I consider each claim seriatim.”
United States v. Anthony Navarro, 160 F.3d 1254 (9th Cir. 1998). · cites it 3× “” 28 U.S.C. § 543 (a). 3 There are no time restrictions whatever upon that power, and we see no reason to add any.”
United States v. Navarro, 959 F. Supp. 1273 (E.D. Cal. 1997). · cites it 6× “See 28 U.S.C. § 543 (a). 6 Because only the United States Attorney, whether personally or through his assistants, may appear in a criminal case, it would seem to follow that a criminal case prosecuted by an unauthorized attorney is noncognizable.”
In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018). · cites it 2× “Attorneys; (5) 28 U.S.C. § 543 , which authorizes the Attorney General to appoint attorneys to assist U.”
United States v. Martin Sigillito, 759 F.3d 913 (8th Cir. 2014). “” 28 U.S.C. § 543 . These “special attorneys” may, when specifically directed by the Attorney General, conduct any kind of *929 legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrate judges, which United States…”
United States v. Phillip Troutman, 814 F.2d 1428 (10th Cir. 1987). “Bardacke, New Mexico Attorney General, and Stephen Westheimer, Deputy Attorney General, were approved to act as Special Assistant United Stated Attorneys for prosecution of criminal charges against Troutman and Johnson, pursuant to 28 U.S.C. § 543 (a). 7 They appeared with…”
United States v. Stanley Plesinski, 912 F.2d 1033 (9th Cir. 1990). · cites it 2× “The Deputy Directors’ authority to appoint Feldman stemmed from a 1981 Attorney General Order which delegated to the Associate Attorney General the Attorney General’s power and authority under 28 U.S.C. § 543 to appoint special “attorneys to assist United States Attorneys.”
D.L. Cromwell Investments, Inc., Lloyd Bierne, David S. Davidson, Eric S. Thomas, & Matthew Greenwald v. Nasd Reg., Inc., 279 F.3d 155 (2d Cir. 2002). “See 28 U.S.C. § 543 (providing for the appointment of special attorneys to assist United States attorneys).”
United States v. Anthony D. Smith, 324 F.3d 922 (7th Cir. 2003). · cites it 2× “Under Rule 54(c) an "attorney for the government" may include "an authorized assistant of a United States Attorney," and 28 U.S.C. § 543 (a) authorizes the Attorney General of the United States to "appoint attorneys to assist United States attorneys when the public interest so…”
Mitchell v. Merit Sys. Prot. Bd., 741 F.3d 81 (Fed. Cir. 2014). · cites it 2× “Those circumstances are quite different from her ap- pointments as a Special Assistant United States Attorney under 28 U.S.C. § 543 , one-year appointments that were made to fill short-term needs.”
United States v. Malcolm Edward Bridwell, United States of Am. v. Gregory G. Schwab, United States of Am. v. Susan Anita Boyd, 583 F.2d 1135 (10th Cir. 1978). “See also 28 U.S.C. § 543 (a). The district court, after considering briefs, affidavits, and exhibits on this issue, overruled defendants’ objection to the status of the prosecutor.”
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