Legal Definitions - Special prosecutor

A special prosecutor is an attorney appointed to conduct a criminal investigation and potential prosecution independently of the government office that would normally handle such a case. This appointment is made to ensure impartiality, often when there's a potential conflict of interest within the regular prosecuting office, or when a case requires highly specialized expertise that the existing office may not possess. At the federal level, this role is often referred to as a "special counsel." The core purpose is to maintain public trust and ensure that justice is pursued without any appearance of bias or undue influence.

• Example 1: Local Government Corruption

  A city's District Attorney's office is investigating allegations of widespread bribery involving several high-ranking police officials. It is then discovered that the District Attorney's sibling is a senior officer within the same police department, though not directly implicated in the bribery. To prevent any perception of favoritism or conflict of interest, an independent special prosecutor is appointed from outside the DA's office to take over the investigation and any subsequent prosecution.

  How it illustrates: This scenario demonstrates the appointment of a special prosecutor to avoid a potential conflict of interest, ensuring that the investigation into the police department is conducted impartially, free from any familial ties that could compromise its integrity or public perception.

• Example 2: Federal Executive Misconduct

  The U.S. Department of Justice is faced with allegations that a high-ranking official within the Executive Branch, such as the Secretary of Commerce, misused government funds for personal gain. Given that the Department of Justice is also part of the Executive Branch and serves the same administration, there could be a public perception of bias or an actual conflict if the DOJ were to investigate one of its own. To guarantee an objective and credible investigation, the Attorney General appoints a "special counsel" to independently investigate the matter.

  How it illustrates: This example highlights the federal application of the concept, where a "special counsel" is appointed to investigate a high-level government official. This ensures that the investigation is conducted with independence and without the appearance of political influence or conflict of interest that might arise if the regular Department of Justice handled the case.

• Example 3: Complex Cybercrime Investigation

  A state Attorney General's office is tasked with investigating a complex financial fraud scheme that spans multiple international jurisdictions and involves highly sophisticated cryptocurrency transactions. While the AG's office has experienced fraud investigators, they lack the deep, specialized knowledge in international financial law and blockchain forensics required to effectively unravel the intricate web of transactions. To ensure a thorough and competent investigation, a special prosecutor with extensive expertise in these niche areas is brought in to lead the case.

  How it illustrates: This illustrates the appointment of a special prosecutor not primarily due to conflict, but because the case demands a specific, advanced level of subject matter expertise that is beyond the scope of the regular prosecuting office's capabilities, ensuring the investigation is handled by someone with the necessary specialized skills.