Pennsylvania Order Appointing Special Prosecutor

State:
Multi-State
Control #:
US-00827
Format:
Word; 
Rich Text
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Description

This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

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FAQ

The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to ...

The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest."

A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it's deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter.

In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority.

The U.S. Office of Special Counsel (OSC) is an independent federal executive agency. OSC investigates complaints alleging, among other things, prohibited personnel practices (PPPs) and violations of the Hatch Act.

The provisions were replaced by Department of Justice regulation 28 CFR Part 600, which created the successor office of special counsel.

A special prosecutor is a prosecutor who is independent of an office that would normally exercise jurisdiction in a criminal investigation?to avoid potential conflicts of interest or to facilitate subject matter area expertise.

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Pennsylvania Order Appointing Special Prosecutor