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District attorneys are selected under state and local law: many are elected, but there is no single nationwide rule. When a DA leaves office, the law for that jurisdiction determines who can serve temporarily, whether voters will choose a successor, and how long an appointee may stay.
Are district attorneys elected or appointed?
It depends on the state and the structure of the local prosecutor’s office. The governing state constitution and statutes establish how the office is filled and how long a regular term lasts; local charters or district arrangements may also matter. “District attorney” is not a uniform national office, and a local DA is distinct from a state attorney general or a federal prosecutor.
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For example, New York County Law provides for elected district attorneys in specified counties, with four-year terms. North Carolina law provides one DA for each prosecutorial district. These examples illustrate different state frameworks, not a complete picture of every state.
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A resignation, death, removal, disqualification, or other departure may create a vacancy, but the law defines which events count and what follows. A jurisdiction may name an interim officeholder while a permanent successor is selected. Depending on the law, the interim appointee may serve until an election, until a successor qualifies, or for the remainder of the term.
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There is no universal rule that an assistant district attorney automatically takes over. The statute may instead assign temporary or permanent selection to the governor, local officials, judges, a district convention, or another authority.
How vacancy rules differ: four state examples
The following examples show why the details matter. They are not a nationwide survey; verify current law and the applicable election calendar before relying on a specific procedure.
| Jurisdiction | Regular selection or office | Vacancy procedure |
|---|---|---|
| Kansas | District attorneys are selected under state law. | A district convention chooses the person whom the governor appoints. District judges appoint a temporary DA while that appointment is pending. If the vacancy occurs before May 1 in the second year of the term, the appointee serves until a successor is elected to complete the unexpired term. If it occurs on or after May 1, the appointee serves the remaining term, subject to the statute’s successor language. Kansas Statutes § 19-302 |
| North Carolina | State law provides one DA for each prosecutorial district. | The state constitution generally assigns covered vacancies to gubernatorial appointment until an election held more than 60 days after the vacancy, subject to an exception based on the time remaining in the term. Read the statute together with the constitutional vacancy provision. North Carolina General Statutes § 7A-61 and North Carolina Constitution, Article IV, Section 19 |
| New York | District attorneys in the counties covered by the cited County Law provision are elected for four-year terms. | The law provides for a governor-appointed vacancy appointee through a later election. The specific county and vacancy circumstances should be checked in the applicable provision. New York County Law § 400 |
| Ohio | The relevant county office is titled “prosecuting attorney.” | Under Ohio Revised Code § 305.02, an appointment performs the office’s duties until a successor is elected and qualified. An election for the unexpired term is required when the vacancy occurs more than 40 days before the next general election, unless the term expires within a year immediately after that election. Ohio Revised Code § 305.02 |
How to find the rule for a particular office
- Identify the office and its jurisdiction. Confirm the state, county or prosecutorial district, and the exact office title; local prosecutor offices do not all use the same name or boundaries.
- Check the state constitution and current statutes. Look for provisions on regular terms, vacancies, interim appointments, and elections. A statute may refer to a constitutional vacancy rule, as in North Carolina.
- Check local law and official notices. A county charter or other local rule may be relevant. For an active vacancy, consult the appointing authority’s announcement and the election administrator’s current calendar.
- Track the dates and remaining term. The vacancy date relative to statutory cutoffs and the next election can determine whether an election occurs and whether an appointee serves temporarily or through the term.
National summaries of statewide-office vacancies can illustrate that states use different approaches, but they are not a census of district-attorney selection rules. NCSL’s overview of statewide elected-office vacancies should not be read as a count of elected or appointed DAs.
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