Commonwealth's Attorney

Commonwealth's Attorney

Commonwealth's Attorney is the title given to the elected prosecutor of felony crimes in Kentucky and Virginia. Other states refer to similar prosecutors as District Attorney or State's Attorney.

A Commonwealth's Attorney is the highest law enforcement official in his or her jurisdiction and in many jurisdictions supervises a staff which includes a Chief Deputy Commonwealth's Attorney, Deputy Commonwealth's Attorneys and Assistant Commonwealth's Attorneys.

A Commonwealth's Attorney is a constitutional officer, which means that the job is established in the state Constitution which defines the position, the broad powers of the elected officeholder and in Virginia, the requirement that every county and every city be served by a Commonwealth's Attorney. Cities in Virginia are independent jurisdictions and not part of any county.

The role of Commonwealth's Attorneys, District Attorneys, and State's Attorneys should not be confused with the role of a County Attorney or City Attorney whose authority is usually limited by individual state constitutions to non-felony infractions or misdemeanor cases.

Kentucky derived the title of the office from Virginia, as it did much of its law when it was broken away from Virginia to become the 15th state.

Commonwealth's Attorneys are elected in their separate jurisdictions in both Virginia and Kentucky.

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