Understanding Independent Counsel: Definition, Role, and Qualifications

Q: How is an independent counsel appointed?

An independent counsel is appointed by a division of the court, following specific legal guidelines.

Q: Can an independent counsel prosecute cases?

Yes, an independent counsel can prosecute cases if warranted based on their investigation findings.

Q: What happens if an independent counsel finds evidence of wrongdoing?

If evidence of wrongdoing is found, the independent counsel may recommend legal action or pursue prosecution as appropriate.

Q: Are independent counsels still used today?

While the independent counsel statute has expired, similar roles can still be filled by special prosecutors or other appointed investigators.

Definition & Meaning

An independent counsel is a special investigator appointed by a court to look into allegations of misconduct by high-ranking government officials. This role is crucial for ensuring that investigations are unbiased and impartial. The independent counsel is responsible for conducting thorough investigations and providing objective opinions regarding any legal matters that arise. For example, if there are accusations of wrongdoing within a government agency, an independent counsel may be appointed to investigate those claims without any influence from the agency itself.

Table of content

Legal Use & context

The term "independent counsel" is primarily used in the context of criminal law, particularly when addressing potential misconduct by government officials. This role helps maintain transparency and accountability within government agencies. Users may encounter situations where they need to understand the implications of an independent counsel's findings, especially in legal proceedings or when navigating government accountability issues. Legal templates provided by US Legal Forms can assist users in managing related documents effectively.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

One example of an independent counsel in action is the investigation led by Kenneth Starr during the 1990s, which examined allegations against President Bill Clinton. This investigation highlighted the role of independent counsels in addressing serious accusations against high-ranking officials.

(Hypothetical example) If a governor is accused of misusing state funds, an independent counsel may be appointed to investigate the claims thoroughly and impartially.

Relevant laws & statutes

Independent counsel provisions were established under the Ethics in Government Act of 1978, which was later allowed to expire in 1999. The relevant statute is 28 USCS § 593, which outlines the appointment and responsibilities of independent counsels.

Comparison with related terms

Term	Definition	Key Differences
Special Prosecutor	An attorney appointed to investigate and prosecute specific cases of misconduct.	Unlike independent counsels, special prosecutors may not have the same level of judicial independence.
Attorney General	The chief legal officer of a state or the federal government.	The attorney general is a political appointee and may not be independent in investigations.

Common misunderstandings

What to do if this term applies to you

If you find yourself involved in a situation where an independent counsel is appointed, it's important to stay informed about the process. You may want to consult with a legal professional to understand your rights and responsibilities. Additionally, exploring US Legal Forms can provide you with templates and resources to help manage any legal documents related to the investigation.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Appointment: By a division of the court.
Qualifications: Must have appropriate legal experience.
Scope: Investigates allegations against high-ranking officials.
Independence: Operates without influence from the government.

Key takeaways

Frequently asked questions

What is the main role of an independent counsel?

The main role of an independent counsel is to investigate allegations of misconduct by high-ranking government officials impartially.