How to Become a District Attorney

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: August 26, 2024 References

Twenty-one states in the United States use the title of "district attorney" to refer to the chief prosecutor of a jurisdiction.^{[1]
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Research source} The district attorney supervises a staff of assistant or deputy district attorneys in the prosecution of criminal offenses. In three states and the District of Columbia, the chief prosecutor is appointed by the region's chief executive. In the other forty-seven states, the chief prosecutor is elected by the voters in the jurisdiction. Note that the district attorney (and related titles) differs from a US Attorney (an attorney appointed by the President to head a federal judicial district), a County Attorney (an attorney representing a county in civil matters), and an Attorney General (the top state's attorney).

Part 1

Part 1 of 5:

Meeting the Education Requirements

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1
Earn a Bachelor's Degree. To enroll in law school, you must possess a Bachelor’s Degree from a college or university, which typically requires four years of full-time study.
- The American Bar Association does not recommend any particular undergraduate majors or courses; however, statistics show that prelaw and criminal justice majors are less likely to be accepted to law schools than students who major in fields that require intensive reading and writing.^{[2]
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- Prestigious universities have a reputation for being competitive. Not attending a prestigious or expensive university is certainly not a bar to being accepted to law school or even becoming a district attorney, but a degree from a competitive university will impress admissions boards and future employers.
- Get real-world experience by completing an internship at a law firm or government office (especially the district attorney's office) during your undergraduate years. This experience will teach you how to think like a lawyer and give you a preview of what to expect after law school.
Consider signing up for an LSAT preparatory course or hiring a tutor to help you achieve a competitive score. If you are dissatisfied with your LSAT score, you can take the test again. Visit lsac.org for more information.

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Apply to law school. As with your undergraduate college or university, the prestige of your law school is valuable, but not decisive of your future. Strive to graduate from a school with a strong reputation. You may be able to transfer schools after your first year if you perform exceptionally well.
- Some law schools are accredited by the American Bar Association, and others are not. Some states do not permit graduates of non-accredited law schools to sit for the bar exam. Verify your state's policy if you are considering attending a non-accredited law school.
- When applying to law schools, consider and compare:
  - Tuition and fees
  - Available scholarships
  - Average LSAT scores of admitted students
  - Percentage of students employed in legal careers after graduation
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Earn a Juris Doctor (J.D.) degree. A J.D. degree is the minimum level of degree required to become a prosecutor and generally takes three years (more if you attend part-time) to complete. An LL.M. generally requires an additional year of study, but is not required (unless you plan on becoming a law professor). Your first year will be foundational coursework in bar-tested subjects. You will be able to add electives in your second and third years. Aspiring prosecutors should enroll and excel in courses like trial practice and criminal procedure, and note those high grades on a resume.
- Most schools grade on a strict curve, requiring you outperform your peers, rather than merely keep up with them, to get a top grade. Study hard and focus on putting forth your best effort.
- Despite the competitive atmosphere, do not be tempted to cheat or sabotage others. Law schools take academic unprofessionalism very seriously.^{[3]
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- Don't neglect the social aspects of law school. Your friends will help you learn, help you manage your stress, and be valuable contacts in your professional future.
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Seek internships and other practical experiences during law school. There are many opportunities to gain practical experience during law school. Each can improve your resume with new skills and expand your professional network, and some may lead to job offers upon graduation. Some opportunities include:
- Internships and externships. Work for a government office (such as the district attorney) or a private firm in exchange for money (internship) or course credit (externship).^{[4]
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- Clinics. School-sponsored clinics provide free or low-cost legal aid to the community. Work is performed by law students, under the supervision of law professors. Clinics may be repeatable for course credit.
- Judicial clerkships. Work for a judge doing research and writing.^{[5]
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- Practical courses. Some courses, such as mock trial, mediation, and motion practice, have a large practical participation component.
- Competitions. Represent your school in mock trial, moot court, or other competitions.
- Clubs and associations. Campus groups are usually organized around a specific community or academic area of interest. Participation in such organizations shows leadership and a strong commitment to a subject or topic.
- Law review. An invitation to write for your school's law review journal reflects strong writing skills, and gives you the opportunity to publish original work.
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Gain admission to the bar in your state. In addition to earning a law degree, you must fulfill other requirements before becoming an attorney and being admitted to practice law in your state.
- Take the bar exam. The exam tests whether a candidate is qualified to practice law in the state.^{[6]
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  American Bar Association
  Leading professional organization of lawyers and law students
  
  Go to source} It is administered in February and July, and lasts for two or three days, depending on your state.^{[7]
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  Research source} Commercial bar preparation courses are available, and are strongly recommended.^{[9]
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  American Bar Association
  Leading professional organization of lawyers and law students
  
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  - Many bar takers don't pass on the first try. Don't be discouraged; you can try again.^{[10]
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- Satisfy moral character and fitness requirements. Each jurisdiction investigates the moral character and fitness of bar applicants, and will inquire into relevant criminal issues, untreated substance abuse or mental illness, untruthfulness, and financial irresponsibility.^{[11]
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  American Bar Association
  Leading professional organization of lawyers and law students
  
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- Take the Multi-State Professional Responsibility Exam, which is required in most jurisdictions.^{[12]
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  National Conference of Bar Examiners
  Nonprofit organization responsible for the development of national and state bar examinations.
  
  Go to source}

Part 2

Part 2 of 5:

Building the Necessary Credentials

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1
Gain professional experience. The district attorney for each jurisdiction occupies is a top-level governmental position, so you will need to acquire significant professional experience. District attorneys are most commonly elected or appointed from among assistant district attorneys who have worked their way up from within the office.
- If you are unable to secure a position as an assistant district attorney upon graduation, build your legal experience elsewhere, preferably in a related field, such as criminal defense. You can continue to apply for openings in the district attorney's office as they become available.
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Become an assistant district attorney. District attorneys are usually former assistant district attorneys who have risen to the top of their field.
- To become an assistant district attorney, you will need to apply for work in the district attorney's office. Most offices collect applications year-round and contact applicants when an assistant district attorney position becomes available. Monitor your local office's human resources page for job openings for instructions on how to apply.
- You can expect to accrue ten or more years of experience as an assistant district attorney before becoming a district attorney. However, viable candidates can emerge sooner.
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Focus on trial experience. Your first job out of law school may not immediately have you assigned to trial work, but you can look for an request opportunities to assist with trials before conducting your own. As a prosecutor aspiring to become the district attorney, or an attorney hoping to enter prosecution from another legal field, you will need to build strong trial experience arguing cases before the judge and jury. Over time, you will learn:
- The process. The courtroom has its own rules, procedures, and customs. Different judges may have additional rules for attorneys to keep the process flowing smoothly. You will need to learn the ins and outs of courtroom advocacy through practice and by observing others.
- The craft. The practice of presenting your case and advocating your client's position clearly and persuasively has been likened to an art. Practice and observation will make you a more effective advocate.
- The people. You will be seeing the same judges, clerks, staff, and opposing attorneys over and over again. Treat others respectfully and do your job well, and your reputation will spread.
The best way to get a head start on running for the DA's position is to build name recognition in the community. Higher profile cases, such as murder prosecutions, are typically handled by the most experienced assistant district attorneys, if not by the DA personally. Volunteer for bigger and higher profile cases, and work hard to build an impressive win/loss record.

Part 3

Part 3 of 5:

Becoming a Politician

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In whatever county you practice, you can expect that other attorneys within the DA's office will also be vying for the position. In addition to fellow prosecutors, you may also ultimately run against defense attorneys or attorneys from other fields.^{[13]
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Choose a location where you have or can develop connections. Note the political leanings of the general public. Although political majorities shift more often in some areas than others, and although it candidates in a political minority can be successful, you are more likely to succeed if your political stance is consistent with the majority of the voters.
Register with the political party that dominates your chosen state or county. If you cannot endorse that party's political views, you may want to pick a different county. Otherwise, you will be running as a candidate from a political minority, and have less of a chance of winning an election or securing an appointment.
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Be active in your political party. Get to know the most active and influential members of the party, including major campaign donors. Get involved in local political campaigns, and make connections with the campaign manager, fundraisers, volunteer coordinators, and other campaign staff.
- Give money to local political campaigns. Even small donations will be appreciated and remembered.
Talk to family and friends who are involved in politics or who have leadership positions in their respective fields (such as union representatives). Don't be afraid to use connections you already have to be build your political network.
Volunteer to help the DA's campaign and get to know his or her campaign staff. When the DA retires, he or she may be willing to endorse your candidacy for the position.
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Connect with the media. Don't be afraid of cameras. Give interviews and get to know people in the local media. Getting your name out there will generate public interest in your work and will increase the attention your own campaign will receive.
- You might also consider becoming a confidential source from inside the DA's office, sharing inside information about organization politics with local reporters. These reporters may support you when you run for office.
In some counties, it is common for a district attorney to have prior political experience, in addition to legal experience. Research the background of the current DA, prior DAs, and other candidates for the position, and consider running for city council, state representative, or some other political position. You can hold a political office in addition to your regular career.

Part 4

Part 4 of 5:

Getting Elected District Attorney (47 States)

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Develop a platform. A district attorney's job description is fairly straightforward: manage and participate in the investigation, prosecution, and prevention of crime in his or her jurisdiction.^{[14]
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Research source} To differentiate yourself from your opponent or the incumbent, articulate your plans to improve the district attorney's office. You will need to figure out what issues are important to the public, advocate for those positions, and tailor your message to your voters. Then tell your voters why it is important that they vote for you. Ask yourself:
- Does the office need to be harder on crime, or reduce overzealous prosecution of minor offenses?
- Does the office have a good relationship with the police department?
- Does the office have community outreach programs?^{[15]
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- Is the office facing public controversy that warrants internal reform or a response that renews public confidence?
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File with the local election board. In 47 states, the chief prosecutor is elected by a popular vote.^{[16]
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Research source}Winning an election requires strong professional experience to demonstrate to the public that you are the best candidate for the position. You will need to file with the local election board to run for the office of District Attorney and run a strong campaign. You may will need to visit your local election board or registrar of voters' office, or file online through the office's website.
- Elections are typically held every four years, but the length of a district attorney's term of office varies by jurisdiction.^{[17]
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Your state and its state bar will have many rules for campaigning, particularly campaign finance regulations, which cover how to accept, handle, and report donations to your campaign. To avoid violation of campaign rules, contact your local election board for information on items such as campaign and contribution rules and posting of signs.
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Build your campaign team. Make sure that your efforts are headed by an experienced campaign manager and fundraisers. Then fill your ranks with friends, family, and other volunteers. You will need the insight and expertise of other people, and you also need to show your constituents that you can work well as part of a team. Recruit from among campaign personnel from other political campaigns for which you volunteered or donated.
- While you should definitely consider bringing people on board who have former experience with campaigning, also focus on selecting people who share the same vision as you and who can bring fresh insight to the challenges you will face. ^{[18]
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- Recruit on college campuses. Check with the heads of academic departments to see if they can recommend any students who may be in need of work experience.
- Contact the local offices of political parties. Local branches of political parties may have an established list of volunteers who are willing to help on campaigns.
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Get a website up and running. Create a website where voters can view your campaign message and positions on the relevant issues. You should also have a calendar with upcoming events and activities, and you can likewise include testimonials and endorsements from your supporters.
- Your website can be a helpful tool, but it should not be your sole source of advertising. Think of your website as being a place for people to go for further information about you and your plans, and as an avenue to keep you connected with your supporters.
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Campaign relentlessly. Local campaigns are typically won not by those who raise the most money, but by those who do the legwork- meeting the public, making connections with influential figures and big political players, and "shaking hands and kissing babies." Focus on building name recognition by doing media appearances and posting signs. You want each voter to recognize your name when they read the ballot. Above all, make sure you work harder than your opponent.
- If the public is tired of hearing about you, then they know who you are.

Part 5

Part 5 of 5:

Getting Appointed District Attorney (3 States and District of Columbia)

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Build a strong reputation. A candidate for appointment to office will need a strong professional, personal, and public reputation that sets him or her ahead of competitors. Hard work, professional courtesy, and a demonstrated commitment to the community will serve you well.
- Although you won't be trying to win votes from the general public, you can use many of the same methods a campaigning politician would use. Building your political profile can impress an appointing body just as it would impress the voting public.
The actual person or people who appoint district attorneys varies by jurisdiction. For example, in Connecticut, chief prosecutors are known as "state's attorneys" and are appointed by a panel, the members of which are appointed by the state governor.^{[19]
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Research source} In New Jersey, chief prosecutors are known as "county prosecutors" and are appointed by the state governor.^{[20]
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Research source} Get to know the people who will be making the appointment, or make sure they know who you are. If you are truly a viable candidate for the district attorney's office, your reputation should precede you.
Your jurisdiction may require an application to the office of district attorney to be considered for an appointment. Contact the office of the person or body that will make the appointment for additional instructions.