NCJ Number
94112
Journal
Judicature Volume: 67 Issue: 10 Dated: (May 1984) Pages: 486-498
Date Published
1984
Length
13 pages
Annotation
This article reviews the current changes in the Special Prosecutor Law, the decisions that produced them, their effects on the operation of the mechanism, and several issues concerning its future as an effective device for the administration of justice.
Abstract
Prior to the 1983 extension, the Attorney General was to investigate any specific information about possible violations by high ranking officials. Once appointed by the division of the court, the special prosecutor had full power and independent authority to exercise all investigative and prosecutorial powers of the Department of Justice (DOJ). The new Federal Special Prosecutor Law resulted in the following major changes: The name of the post is now independent counsel rather than special prosecutor. The law now permits the Attorney General to consider the degree of specificity of the information received and the credibility of the source. He then appoints an independent counsel only when he finds reasonable grounds to believe further investigation is warranted. The Attorney General may seek the appointment of an independent counsel when he determines that a preliminary investigation by himself or other DOJ personnel would result in a conflict of interest. Those covered under the law now include only those close to the President and/or the Attorney General. These persons may now be the subject of an independent counsel investigation for up to 2 years after leaving office. Further, the independent counsel may now dismiss a case. The division of the court that appoints an independent counsel may award reimbursement for attorney's fees incurred by the subject if no indictment is brought and the fees would not have been otherwise incurred. A sidebar discusses Reagan Administration use of a special prosecutor. Seventeen notes are included.