Preserving United States Attorney Independence Act of 2007
Latest Action
Became Public Law No: 110-34.
Official Summary
(This measure has not been amended since it was reported to the Senate on February 12, 2007. The summary of that version is repeated here.) Preserving United States Attorney Independence Act of 2007 - Amends the federal judicial code to: (1) allow a person appointed as U.S. attorney to serve until the qualification of a U.S. attorney for such district appointed by the President, or the expiration of 120 days after appointment by the Attorney General, whichever is earlier; and (2) provide that, if an appointment so expires, the district court for such district may appoint a U.S. attorney to serve until the vacancy is filled. Applies this Act to any person serving as a U.S. attorney on the day before the enactment of this Act who was appointed by the Attorney General under current law.
GovScope Watchdog™
AI Government Intelligence™The Preserving United States Attorney Independence Act of 2007 modifies the federal judicial code to change the terms and appointment process for U.S. attorneys. It allows individuals appointed as U.S. attorneys by the Attorney General to serve until a presidentially appointed U.S. attorney qualifies or for up to 120 days, whichever is earlier. If this period expires without a presidential appointment, the district court may appoint a U.S. attorney to serve until the vacancy is filled. The Act also applies these provisions to those serving as U.S. attorneys under the Attorney General's appointment immediately before the law's enactment.
This law establishes clearer limits and procedures for temporary U.S. attorney appointments, aiming to preserve their independence by involving the judiciary in appointment decisions if presidential appointments are delayed.
- Extends the term of U.S. attorneys appointed by the Attorney General to a maximum of 120 days or until a presidential appointee qualifies.
- Grants district courts the authority to appoint U.S. attorneys if the temporary appointment period expires without a presidential appointment.
- Applies these rules retroactively to U.S. attorneys serving under Attorney General appointments before the law's enactment.
['U.S. attorneys serving under temporary appointments', 'Federal judicial districts and courts', 'Department of Justice', 'Legal and law enforcement communities relying on stable U.S. attorney leadership']
['Potential administrative complexity in coordinating appointments between the Attorney General, President, and district courts', 'Possible jurisdictional or procedural challenges arising from court-appointed U.S. attorneys', 'Unclear cost implications related to appointment processes and potential litigation over appointment authority']
The bill was introduced and passed during the 110th Congress and signed into law on June 14, 2007. It addresses concerns about the independence and appointment process of U.S. attorneys, codifying procedures for temporary appointments and court involvement. The summary notes no amendments since its Senate report in February 2007.
Hidden impact flags detected: 1
GovScope reviewed 1 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['Potential increase in judicial involvement in executive branch staffing decisions could influence the balance of power between branches.', 'Temporary appointments by courts may affect continuity and policy consistency within U.S. attorney offices.', 'Could set precedent for court involvement in other federal appointment processes if delays occur.']
The bill clarifies appointment procedures for U.S. attorneys, including a new role for district courts, which may require monitoring to ensure proper checks and balances. Oversight may be needed to track how these appointments affect prosecutorial independence and the interaction between judicial and executive branches. The absence of full bill text limits detailed analysis of specific provisions.
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