Nathan

If you’re charged with an insignificant misdemeanor, the responsibility of prosecuting you falls on D.C.’s Attorney General, Irv Nathan. But if it’s anything more than that, it’ll be U.S. Attorney for D.C. Ron Machen that comes after you. This divided system of meting out justice is yet another part of the city’s odd status, and D.C. Del. Eleanor Holmes Norton wants it to change.

Last week Norton introduced a bill that would leave the prosecution of major criminal laws to the city’s attorney general, instead of the U.S. Attorney as they are now. Norton has pushed the measure before, but it may take on additional urgency in the coming two years—starting in 2014, D.C. residents will elect the city’s attorney general, instead of having the position appointed by the mayor. The U.S. Attorney for D.C. is appointed by the president.

“Public safety is the most basic function of a local government, and D.C., like every other state and local government, should have the authority to prosecute local crimes. The bill is a win-win for the District and the federal government. The U.S. attorney of the nation’s capital should be focusing on serious federal matters, especially post-9/11, while leaving local criminal matters to a local district attorney,” said a statement from Norton’s office.

In related news, Councilmember Tommy Wells (D-Ward 6), who chairs the D.C. Council’s Committee on Public Safety and the Judiciary, told Legal Times that he might consider splitting up the attorney general’s position:

Wells said that because the attorney general’s office today serves as the executive branch’s in-house counsel, the city may need to create a separate corporation counsel-type position to also oversee in-house attorneys at city agencies that report to the mayor.

“I’m not sure exactly what that position is, if it’s a corporation counsel or if it’s the senior legal counsel for the executive. But we need to be sure that those functions are covered when we separate the [attorney general’s] office out,” Wells said.

Norton has introduced a number of bill dealing with D.C.’s status, including bills that would give the city additional budget autonomy, a voting seat in the House of Representatives and full statehood.