What’s a State’s Attorney? Understanding Local Government

Here at Radio Free Hub City we love helping residents better understand how local government works! By reader request, we’ve written an article about the State’s Attorney elected position in local government, in order to help residents and county staff better understand the structure and organization of government. Enjoy!

A State’s Attorney is an important legal official who plays a critical role in the organization of local government. The State’s Attorney is responsible for representing the state in criminal cases within their jurisdiction, and they work closely with law enforcement agencies and other legal officials to ensure that justice is served for the people of their state.

In many local governments, the State’s Attorney is appointed by the governor or elected by the people, and they serve as the chief prosecutor for their jurisdiction. They may work with a team of assistant attorneys to investigate and prosecute criminal cases, and they may also be responsible for providing legal advice to other state officials and agencies.

The State’s Attorney is typically part of the executive branch of government, which is responsible for implementing and enforcing laws and policies. They work closely with law enforcement agencies and other government officials to investigate and build cases against criminal defendants, and they are responsible for prosecuting individuals who have been accused of committing crimes within their jurisdiction.

A State’s Attorney is neither a judiciary officer nor a member of the courthouse staff. For example, in both Washington County and Frederick County, they are considered part of the Executive Branch, completely separate from the Judicial Branch – and for good reason. The Judicial Branch needs to be separate from the State’s Attorney so that it can be impartial in all matters of the court.

Example organization structure of Frederick County Government. County Executive, Sheriff, State’s Attorney, and Courts (Judges) are elected positions, with staff serving under them. The State’s Attorney can not be considered part of the courts because they’re an elected position, and one elected position cannot be subordinate to another.

Judiciary officers are judges, magistrates, and other judicial officials who preside over legal proceedings and make decisions about the law. State’s Attorneys, on the other hand, are part of the executive branch of government and serve as legal advocates for the state in criminal cases. They work with law enforcement agencies to investigate and prosecute criminal cases and are responsible for enforcing state laws within their jurisdiction. While State’s Attorneys play an important role in the administration of justice, they do not have the authority to make legal decisions or judgments like judiciary officers.

While State’s Attorneys typically work in courthouses and interact with courthouse staff, they are not generally considered part of the courthouse staff. Courthouse staff typically includes personnel such as clerks, bailiffs, court reporters, and other administrative and support staff who work in the courthouse and provide assistance to judges, lawyers, and other court officials.

State’s Attorneys, on the other hand, are lawyers who represent the state in criminal cases and are responsible for prosecuting criminal defendants. While they may work closely with courthouse staff and use courthouse facilities and resources, they are considered part of the executive branch of government rather than part of the court system.

The State’s Attorney is also an important advocate for the people of their state, and they work to ensure that justice is served for all citizens. They may work to develop and implement policies and programs aimed at reducing crime and improving public safety, and they may also work with community groups and other organizations to promote awareness of legal issues and educate citizens about their rights and responsibilities.

In addition to their role in criminal cases, the State’s Attorney may also be responsible for handling civil cases in which The State is a party. This can include cases involving issues such as taxation, property disputes, and regulatory violations.

Overall, the State’s Attorney plays a critical role in the organization of local government. They are responsible for upholding the law and ensuring that justice is served for all citizens, and they work closely with other legal officials and government agencies to achieve this goal. Through their work, they help to create safer and more prosperous communities for all.

Article by RFHC Staff. Do you have other topics relating to local government you’d like to learn more about? Contact us!