# Law question.

**URL:** <https://boards.straightdope.com/t/law-question/538883>\
**Category:** Factual Questions\
**Created:** [May 10, 2010, 5:27am UTC](https://boards.straightdope.com/t/law-question/538883 "2010-05-10T05:27:07Z")\
**Posts on this page:** 4\
**Page:** 1

<div class="post-metadata">

**Author:** ![HighSoci](https://avatars.discourse-cdn.com/v4/letter/h/ba8739/32.png) [@HighSoci](https://boards.straightdope.com/u/HighSoci)\
**Post date:** [May 10, 2010, 5:27am UTC](https://boards.straightdope.com/t/law-question/538883/1 "2010-05-10T05:27:07Z")

</div>

If a District Attorney was arrested for a crime in his jurisdiction, who would prosecute him? I am thinking the Attorney General, but uncertain.

---

<div class="post-metadata">

**Author:** ![DxZero](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@DxZero](https://boards.straightdope.com/u/DxZero)\
**Post date:** [May 10, 2010, 5:38am UTC](https://boards.straightdope.com/t/law-question/538883/2 "2010-05-10T05:38:56Z")

</div>

> [@HighSoci](#):
>
> If a District Attorney was arrested for a crime in his jurisdiction, who would prosecute him? I am thinking the Attorney General, but uncertain.

Either the Assistant DA or if there is a risk of a conflict (which there probably would be) or some sort of corruption in the DA’s office, the US Attorney from that District.  
ETA: More likely, now that I think about it, the State AG office would take over the prosecution.

---

<div class="post-metadata">

**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\
**Post date:** [May 10, 2010, 6:09am UTC](https://boards.straightdope.com/t/law-question/538883/3 "2010-05-10T06:09:57Z")

</div>

In 2007 [Patrick Power](http://en.wikipedia.org/wiki/Patrick_Power_(Australian)), a Deputy Senior Crown Prosecutor at the NSW Department of Public Prosecutions, was tried for possessing child pornography. In order to avoid any issues of conflict, the Chief Crown Prosecutor of Victoria was brought in to lead the prosecution.

---

<div class="post-metadata">

**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [May 10, 2010, 7:01am UTC](https://boards.straightdope.com/t/law-question/538883/4 "2010-05-10T07:01:14Z")

</div>

I would imagine in such a situation the Prosecutor would in anycase be suspended for the duration of the case.