U.S. Attorneys Who Have Served Less than Full Four-year Terms, 1981-2006

U.S. Attorneys Who Have Served Less than Full
Four-year Terms, 1981-2006
February 22, 2007
Kevin M. Scott
Analyst in American National Government
Government and Finance Division



U.S. Attorneys Who Have Served Less than Full Four-
year Terms, 1981-2006
Summary
United States attorneys, who prosecute violations of federal law and defend the
federal government in civil suits, are nominated by the President and confirmed by
the Senate, and, once confirmed, serve four-year terms. The President may terminate
the appointment of a U.S. attorney at any time. Recent controversy over the
termination of seven U.S. attorneys, and the method by which the interim
appointments were made to replace them, has focused attention on reasons for
departure of U.S. attorneys.
This report provides data on U.S. attorneys who did not complete their full four-
year term after confirmation by the Senate and whose terms did not carry over a
change in presidential administration. The data collected employ records of
presidential appointment and Senate confirmation of U.S. attorneys, and rely on
secondary sources to provide information on reasons U.S. attorneys left office before
completion of their four-year terms.
At least 54 U.S. attorneys appointed by the President and confirmed by the
Senate left office before completion of a four-year term between 1981 and 2006 (not
counting those whose tenure was interrupted by a change in presidential
administration). Of those 54, 17 left to become Article III federal judges, one left to
become a federal magistrate judge, six left to serve in other positions in the executive
branch, four sought elective office, two left to serve in state government, one died,
and 15 left to enter or return to private practice.
Of the remaining eight U.S. attorneys who left before completing a four-year
term without a change in presidential administration, two were apparently dismissed
by the President, and three apparently resigned after news reports indicated they had
engaged in questionable personal actions. No information was available on the three
remaining U.S. attorneys who resigned.
Interim U.S. attorneys are appointed by the Attorney General and serve until the
President nominates, and the Senate confirms, a successor. Legislation has been
introduced in the 110th Congress (H.R. 580; S. 214) to revert the system of
appointment of interim U.S. attorneys to the system in place from 1986 to 2006.
Under that system, the appointment of an interim U.S. attorney by the Attorney
General expired after 120 days. After that appointment expired, district courts could
appoint interim U.S. attorneys who could serve until the President nominated, and
the Senate confirmed, a permanent replacement.
This report will be updated as events warrant.



Contents
In troduction ......................................................1
Appointment of U.S. Attorneys.......................................1
Interim U.S. Attorneys..........................................1
Statutory Changes.........................................2
Methodology .................................................4
Findings .........................................................5
Legislation in the 110th Congress......................................7
List of Tables
Appendix. U.S. Attorneys Who Left Office After Serving Less than Full
Four-Year Terms During the Tenure of One President (1981-2006).......9



U.S. Attorneys Who Have Served Less than
Full Four-year Terms, 1981-2006
Introduction
The primary responsibilities of United States attorneys are twofold: the
prosecution of violations of federal criminal and civil law, and defense of the United
States in civil actions brought against the federal government in the districts to which
they are assigned.1 By law, U.S. attorneys are appointed by the President with the2
advice and consent of the Senate for terms of four years. There are 93 U.S.
attorneys, generally one for each of the 94 U.S. district courts (Guam and the
Northern Mariana Islands district courts share one U.S. attorney.)
Appointment of U.S. Attorneys
Presidential nominations to the position of U.S. attorney are referred to the
Senate Judiciary Committee; if the Judiciary Committee reports the nomination, then
the nomination may be considered by the entire Senate. If the Judiciary Committee
does not report the nomination before the end of a Congress, the nomination is
returned to the President, who may resubmit the nomination. As is the case with
nominations for Article III federal judgeships and U.S. marshals, nominations to the
position of U.S. attorney are the subject of “blue slips,” where Senators who
represent the state that includes the district to which an individual is nominated are
invited to offer their approval or disapproval of the nominee. If a home state Senator
returns a negative blue slip or fails to return a positive blue slip, the chair of the
Senate Judiciary Committee, by tradition and in deference to the Senator, may
decline to schedule a hearing or other committee action on the nomination.3
Interim U.S. Attorneys
Once confirmed by the Senate, U.S attorneys can have their appointments
terminated at any time by the President.4 Upon completion of a four-year term, and
in the absence of a successor, “a United States attorney shall continue to perform the


1 28 USC § 547.
2 28 USC § 541 (a).
3 See CRS Report RL32013, The History of the Blue Slip in the Senate Committee on the
Judiciary, 1917-Present, by Mitchel A. Sollenberger.
4 28 USC § 541 (c).

duties of his office until his successor is appointed and qualifies.”5 If the U.S.
attorney resigns or has his or her appointment terminated by the President, an interim
U.S. attorney may be appointed by the Attorney General to fill the position until the
President nominates, and the Senate confirms, a replacement to the position. As
discussed below, legislation has been introduced in the House of Representatives and
the Senate in the 110th Congress to alter the mechanism by which interim U.S.
attorneys are appointed and how long interim appointees may serve. The two
legislative proposals take as their starting point earlier mechanisms for appointing
interim U.S. attorneys.
Statutory Changes. In the past 21 years, there have been two changes in
how vacant U.S. attorney positions may be filled on an interim basis, pending
nomination and Senate confirmation of a permanent successor. In 1966, Congress
enacted 28 U.S.C. 541,6 which governs the appointment of U.S. attorneys. The
language for filling vacancies with interim U.S. attorneys enacted at that time
reflected existing language.7 That language read as follows:
The district court for a district in which the office of United States attorney
is vacant may appoint a United States attorney to serve until the vacancy is
filled. The order of appointment by the court shall be filed with the clerk8
of the court.
In 1986, Congress amended the language to allow for the district court to continue
to make an interim appointment, but first allowed the Attorney General to make an
interim appointment of no more than 120 days. The revised language read as
follows:
(a) Except as provided in subsection (b), the Attorney General may appoint a
United States attorney for the district in which the office of United States
attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney a person to
whose appointment by the President to that office the Senate refused to give
advice and consent.
(c) A person appointed as United States attorney under this section may serve
until the earlier of —
(1) the qualification of a United States attorney for such district appointed
by the President under section 541 of this title; or
(2) the expiration of 120 days after appointment by the Attorney General
under this section.


5 28 USC § 541 (b).
6 P.L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 617.
7 Before 1966, 28 USC § 506 (62 Stat. 909) used the same language as enacted in P.L. 89-

554.


8 P.L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 618. This language, and all amending language,
refers to 28 USC § 546.

(d) If an appointment expires under subsection (c)(2), the district court for such
district may appoint a United States attorney to serve until the vacancy is filled.9
The order of appointment by the court shall be filed with the clerk of the court.
In 2006, as part of the reauthorization of the USA PATRIOT Act, the method for
filling vacancies was again altered, allowing the Attorney General to fill a vacancy
indefinitely, not for just 120 days. The current language reads as follows:
(a) Except as provided in subsection (b), the Attorney General may appoint a
United States attorney for the district in which the office of United States
attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney a person to
whose appointment by the President to that office the Senate refused to give
advice and consent.
(c) A person appointed as United States attorney under this section may serve
until the qualification of a United States Attorney for such district appointed by10
the President under section 541 of this title.
As a result of the 2006 law, district courts now play no role in appointing
interim U.S. attorneys to fill vacancies. Supporters of the 2006 law have argued that
district courts occasionally failed to appoint individuals put forward by the11
Department of Justice to interim U.S. attorney positions, and that allowing federal
judges to appoint interim U.S. attorneys raises separation-of-powers concerns.12
Critics of the 2006 law have claimed that the new law allows U.S. attorneys to be
dismissed for “political reasons”13 and that interim replacements for terminated U.S.
attorneys may serve indefinitely without presidential nomination or Senate
confirmation to four-year terms.14
Identification of U.S. Attorneys Serving
Less than Four Years
The recent dismissal of seven U.S. attorneys has raised interest in patterns in
departures of U.S. attorneys not related to completion of a four-year term or a change
in presidential administration. The dismissal has also renewed focus on how interim
U.S. attorneys are appointed, with several Members of Congress asserting that the


9 P.L. 99-646, § 69, Nov. 10, 1986, 100 Stat. 3616.
10 P.L. 109-177, § 502, Mar. 9, 2006, 120 Stat. 246.
11 Marcia Coyle, “In Wake of Seven Firings, Branches Clash Over Interim U.S. Attorney
Nominees,” National Law Journal, Feb. 13, 2007.
12 Ibid.
13 Sen. Charles Schumer, “Unanimous-Consent Request — S. 214,” remarks in the Senate,
Congressional Record, daily edition, vol. 153 (Feb. 15, 2007), p. S1995.
14 Sen. Dianne Feinstein, “Unanimous-Consent Request — S. 214,” remarks in the Senate,
Congressional Record, daily edition, vol. 153 (Feb. 15, 2007), p. S1995.

2006 change was “slipped into”15 the reauthorization of the USA PATRIOT Act.


CRS attempted to ascertain how often, prior to 2007, U.S. attorneys left office before
completing their four-year terms without a change in presidential administration.
Methodology
In order to determine how many U.S. attorneys had served less than four years
with tenure uninterrupted by a change in presidential administration, CRS began by
contacting the Executive Office for United States Attorneys (EOUSA), which serves
as the liaison between U.S. attorneys and the Department of Justice. CRS first
contacted the EOUSA January 24, 2007, to seek records on the appointment and
termination dates for U.S. attorneys. As of February 20, 2007, EOUSA had not
provided the requested data. CRS also contacted the Office of Personnel
Management (OPM), which maintains the Central Personnel Data File (CPDF). CRS
spoke with a representative in OPM’s Congressional Liaison Office and was told that
the database could not produce the information needed. The OPM representative
referred CRS to the Department of Justice.
Absent direct information on starting and termination dates of U.S. attorneys,
as well as reasons for their termination, CRS collected data on presidential
nomination and Senate confirmation of U.S. attorneys during the 97th (1981-1982)
through 109th (2005-2006) Congresses. The Legislative Information System (LIS)16
provides a searchable database of all nominations submitted to the Senate for
consideration, which allowed CRS to build records of succession for Senate-
confirmed occupants of the 93 U.S. attorney positions. Using the LIS database, CRS
identified each U.S. attorney who was nominated to the position less than four years
after his or her predecessor was confirmed to the same position. Nomination of a
successor less than four years after the confirmation of a predecessor suggests that
the predecessor had served less than four years in the office.17 Excluded from these
calculations were U.S. attorneys appointed after a change in presidential
administration; U.S. attorneys have typically been removed from office by a new
President so that the new President could appoint his own U.S. attorneys.18
Two examples may prove illustrative. In 1991, President George H.W. Bush
nominated, and the Senate confirmed, Maurice Ellsworth to the position of U.S.
Attorney for the District of Idaho. In September 1993, President Clinton appointed,
and the Senate confirmed, Betty Richardson to the same position. Although Maurice
Ellsworth served less than four years, CRS did not conduct further analysis of this


15 Ibid.
16 [http://www.congress.gov/nomis]. LIS only provides this data in electronic format for the

1981-2006 time period.


17 The President may nominate a successor before the term of a U.S. Attorney expires,
anticipating the incumbent’s departure at the end of his or her term. Of the 54 cases
identified and listed in the appendix, CRS found no instances where the U.S. Attorney
served a full four-year term.
18 Dan Eggen, “U.S. Attorney Firings Set Stage for Congressional Battle,” Washington Post,
Feb. 4, 2007, p. A07.

incomplete term because different Presidents made the initial and new appointments.
By contrast, President George W. Bush appointed (and the Senate confirmed)
Michael Mosman to the position of U.S. Attorney for the District of Oregon in 2001.
President George W. Bush then appointed (and the Senate confirmed) Karin
Immergut to the same position in 2003. Given that Michael Mosman left office
before the completion of his four-year term, and his replacement was appointed by
the same President, CRS attempted to ascertain the reason for his departure.
Using this methodology, CRS identified 54 instances from 1981 through 2006
in which the tenure of a U.S. attorney fell short of the four-year term specified by
statute (see the appendix). This approach likely underestimates the number of U.S.
attorneys who departed office before completion of their four-year terms. A U.S.
attorney would not have been included in the appendix if the individual resigned (of
his or her own initiative or at the President’s request) before completing a four-year
term, was replaced by someone appointed by a district court or the Attorney General,
and the President did not make a nomination to replace the individual until after four
years from the start of the resigned U.S. attorney’s term. If, for example, a U.S.
attorney confirmed in 1993 resigned in 1996, but a nomination to replace that
individual was not made until 1998, the data collection method utilized by CRS
would not have captured the individual who resigned in 1996.
Once CRS identified all U.S. attorneys who met these criteria, CRS used
secondary sources, including Martindale Hubbell Lawyer Locator,19 Nexis news
searches,20 and the LIS nominations database21 to ascertain the dates and the reasons
that the identified U.S. attorneys left office.22
Findings
The appendix identifies 54 U.S. attorneys who were appointed between 1981
and 2006, left office before completing their four-year terms, and whose terms did
not extend beyond one President’s tenure in office. The entries in the appendix are
sorted in ascending order of confirmation date. In each case, CRS has annotated the
results of secondary source searches regarding the approximate date of departure and
the reason for departure from the position. Seventeen of the 54 U.S. attorneys left
office early to take positions as Article III federal judges. For each of those
individuals, the appendix provides the month that the individual was confirmed to
the federal judgeship as the departure date from the position of U.S. attorney. One
additional U.S. attorney, Paul Michael Warner, left in January 2006, before the
completion of his second term, to become a U.S. magistrate judge. Six U.S.
attorneys left their posts early to take other positions in the executive branch; all but
one of those (Jim J. Marquez, who left in February 1984 to become General Counsel


19 [http://lawyers.martindale.com/marhub].
20 [http://www.nexis.com/research].
21 [http://www.congress.gov/nomis/].
22 Heather Negley and Maureen Bearden, CRS Information Research Specialists, performed
these searches.

to the Department of Transportation) took positions elsewhere in the Department of
Justice. Four other individuals appear to have left office to seek elective office; two
more left to serve in state government. One U.S. attorney died while in office. All
of the above categories account for 31 of the 54 U.S. attorneys listed in the appendix.
Of the remaining 23 U.S. attorneys, the secondary sources indicate that 15 left
to enter or return to private practice. Included in this category are individuals who
explicitly indicated (in news reports or elsewhere) that their intent was to take a
position with a law firm or as house counsel for a business. Of the remaining eight
individuals, two were apparently dismissed by the President. Those two were:
!William Kennedy, U.S. Attorney for the Southern District of
California. Kennedy, appointed by President Reagan, was
reportedly dismissed in 1982 “for charging that the Justice
Department, at the request of the Central Intelligence Agency, was
blocking his attempt to prosecute Mr. [Miguel] Nassar [Haro],
because he had been a key CIA informant on Mexican and Central
American affairs.”23
!J. William Petro, U.S. Attorney for the Northern District of
Ohio. Petro, appointed by President Reagan, was reportedly
dismissed in 1984 because the Department of Justice was
“investigating allegations that Mr. Petro disclosed information about
an indictment pending from an undercover operation and that the
information reached a subject of the investigation.”24 Petro was later
convicted on the charges.25
For the remaining six U.S. attorneys, the only information available was that
they had resigned from office. News reports suggested that, in at least three of those
cases, their resignations were the result of questionable conduct. Briefly, those three
cases were as follows:
!Larry Colleton, U.S. Attorney for the Middle District of Florida.
Colleton, appointed by President Clinton, according to news reports,
“had been U.S. attorney for Florida’s middle district for only five
months on May 6 [1994] when he was videotaped grabbing
Jacksonville television reporter Richard Rose by the throat. The
newsman had been trying to question him about recent decisions in
his office.”26 He resigned in July 1994.


23 “Mexican Security Official Held on Auto Theft Charge,” Christian Science Monitor, Apr.

26, 1982, p. 2 (Midwestern Edition).


24 Leslie Maitland Weber, “U.S. Attorney in Cleveland Is Discharged by President,” New
York Times, Oct. 3, 1984, p. A16.
25 “Conviction Clouding Future for Ohio Republican,” New York Times, Mar. 10, 1985, p.
A23.
26 Anne Groer, “Colleton Resigns as U.S. Attorney, Gets Another Post,” Orlando Sentinel,
(continued...)

!Kendall Coffey, U.S. Attorney for the Southern District of
Florida. Coffey, appointed by President Clinton, resigned on May
12, 1996, according to news reports, “amid accusations that he bit a
topless dancer on the arm during a visit to an adult club after losing27
a big drug case.”
!Frank L. McNamara, Jr., U.S. Attorney for the District of
Massachusetts. McNamara, appointed by President Reagan,
reportedly resigned on January 30, 1989, because he had “been the
focus of heated dispute since the Justice Department announced in
November [1988] that he was the target of an internal probe.”28 That
probe sought to identify “whether he had lied to federal officials
when he accused his predecessor as U.S. attorney, William F. Weld,
of smoking marijuana. McNamara also admitted experimenting with
the drug.”29 The same news story reported that had McNamara not
resigned of his own accord, he would have been suspended by
Attorney General Richard Thornburgh.30
For the remaining three individuals, CRS was unable to locate additional
information on the reasons for their resignations. In one of these cases, Humberto
Garcia, the tenure was nearly four full years (from March 2003 to January 2007).
Legislation in the 110th Congress
Companion legislation has been introduced in the House and the Senate to
change the method of appointing interim U.S. attorneys. Both the House bill, H.R.
580, sponsored by Representative Berman, and the Senate bill, S. 214, sponsored by
Senator Feinstein, as amended, would allow the Attorney General to make an interim
appointment that would expire after 120 days. After 120 days, the district court
would be empowered to appoint an interim U.S. attorney whose tenure would last
until the President nominates, and the Senate confirms, a successor. These proposals
would return the method for appointing interim U.S. attorneys to the system used
between 1986 and 2006.
S. 214 contains an additional provision not currently in H.R. 580 that would
terminate the appointments of any existing interim U.S. attorneys 120 days after the
legislation is enacted (or a successor is confirmed by the Senate, whichever comes


26 (...continued)
July 30, 1994, p. A1.
27 Associated Press, “U.S. Attorney Resigns Amid Turmoil,” Tulsa World, May 18, 1996,
p. A13.
28 Elizabeth Neuffer and Stephen Kurkjian, “McNamara Resigns as US Attorney; Prosecutor
Cites Swirl of Controversy,” Boston Globe, Jan. 31, 1989, p. 1.
29 Ibid.
30 Ibid.

earlier.) Under S. 214, vacancies created by the expiration of the term of an interim
U.S. attorney would be filled by the district court. A hearing was held on S. 214 on
February 6, 2007, and the bill, as amended, was approved by the Senate Judiciary
Committee on February 8, 2007. The chairman reported the bill, as amended, on
February 12, 2007. H.R. 580 was referred to the Commercial and Administrative
Law Subcommittee of the House Judiciary Committee on February 2, 2007.



CRS-9
Appendix. U.S. Attorneys Who Left Office After Serving Less than Full Four-Year Terms
During the Tenure of One President (1981-2006)
strictU.S. AttorneyNomination DateConfirmation DateDeparture DateDeparture Reason
N.OKFrancis Anthony Keating II05/14/8106/10/811983Sought Elective Office
David L. Russell05/14/8106/10/8112/81Federal Judge
S.INSarah Evans Barker06/25/8107/15/8103/84Federal Judge
XEdward C. Prado06/16/8107/15/8103/84Federal Judge
NHW. Stephen Thayer III07/29/8109/16/811984State Government
N.ILDan K. Webb09/22/8110/21/8102/01/85Private Sector
iki/CRS-RL33889IDGuy Gordon Hurlbutt09/17/8110/29/811984Private Sector
g/wS.CAWilliam H. Kennedy09/17/8111/10/8104/05/82Dismissed
s.orCTAlan H. Nevas10/07/8111/18/8110/85Federal Judge
leakKSJim J. Marquez09/17/8111/24/8102/84Executive Branch
://wikiDCStanley S. Harris11/04/8112/16/8111/83Federal Judge
httpNVLamond Robert Mills12/04/8102/08/821985Private Sector
C.CAStephen S. Trott12/09/8102/08/8207/83Executive Branch
N.OHJ. William Petro12/11/8103/04/8210/02/84Dismissed
E.OKGary Loy Richardson03/29/8204/21/821984Private Sector
E.NYRaymond J. Dearie07/28/8208/20/8203/86Federal Judge
N.FLWilliam Thomas Dillard III12/14/8202/23/831986Private Sector
S.INJohn D. Tinder06/04/8406/15/8408/87Federal Judge
AJoe D. Whitley03/17/8604/23/861987Executive Branch
E.WIJoseph P. Stadtmueller05/14/8606/06/8605/87Federal Judge
N.FLK. Michael Moore04/23/8705/19/8705/19/87Executive Branch
KWilliam S. Price04/23/8707/01/871989Sought Elective Office



CRS-10
strictU.S. AttorneyNomination DateConfirmation DateDeparture DateDeparture Reason
MAFrank L. McNamara, Jr.04/02/8711/05/8701/30/89Resigned
NJSamuel A. Alito, Jr.08/03/8712/08/8704/90Federal Judge
Patrick J. Fiedler11/19/8702/25/8801/91State Government
SCE. Bart Daniel05/16/8906/22/891992Private Sector
UTDee V. Benson05/31/8906/22/8909/91Federal Judge
Vicki Lynn Miles-LaGrange07/29/9309/21/9311/94Federal Judge
N.ALClaude Harris Jr.09/07/9309/30/9310/02/94Died
S.OHEdmund A. Sargus, Jr.09/07/9309/30/9308/96Federal Judge
SCJoseph Preston Strom, Jr.08/06/9309/30/931996Private Sector
iki/CRS-RL33889S.FLKendall Brindley Coffey10/13/9311/20/9305/17/96Resigned
g/wM.FLLarry Herbert Colleton11/19/9302/10/9407/94Resigned
s.orJames Lamar Wiggins11/19/9302/10/941996Sought Elective Office
leakN.GAKent Barron Alexander01/26/9403/25/941997Private Sector
://wikiStephen Beville Pence08/03/0109/14/012003Sought Elective OfficeDCRoscoe Conklin Howard, Jr.08/02/0109/14/0105/28/04Resigned
httpS.IASteven M. Colloton09/05/0110/12/0109/03Federal Judge
ORMichael W. Mosman08/01/0110/12/0109/03Federal Judge
Robert L. Conrad Jr.08/03/0110/23/012004Private Sector
MDThomas M. DiBiagio09/05/0110/23/012005Resigned
Raymond. W. Gruender08/02/0110/23/0105/04Federal Judge
Thomas C. Gean08/02/0110/23/0106/07/04Private Sector
N.GAWilliam S. Duffey, Jr.09/05/0111/06/0106/04Federal Judge
E.MIJeffrey Gilbert Collins09/05/0111/06/0108/22/04Private Sector
S.GARichard S. Thompson10/25/0111/30/012004Private Sector
YMichael A. Battle11/15/0101/25/0206/05Executive Branch
S.NYJames B. Comey03/04/0204/12/0212/09/03Executive Branch



CRS-11
strictU.S. AttorneyNomination DateConfirmation DateDeparture DateDeparture Reason
N.TXJane J. Boyle12/20/0104/12/0206/04Federal Judge
S.ILMiriam F. Miquelon05/23/0207/29/0209/01/03Private Sector
S.FLMarcos D. Jimenez04/15/0207/29/0205/20/05Private Sector
J.B. Van Hollen05/15/0208/01/0201/31/05Private Sector
PRHumberto S. Garcia11/19/0203/07/0301/07Resigned
UTPaul Michael Warner07/14/0308/01/0301/06Magistrate Judge
Nomination and Confirmation data from Legislative Information System (LIS), at [http://www.congress.gov/nomis]. CRS obtained information for departure dates and
re reasons from secondary sources.


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g/w
s.or
leak
://wiki
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