Also known as: special prosecutor · special prosecutor's · special prosecutors' · special counsel · independent counsel
Written by attorneys · grounded in primary & secondary sources — see below
An officer appointed to investigate and prosecute a narrow range of matters involving alleged government misconduct. The position carries limited duties and removal protection only for cause, qualifying the holder as an inferior officer under the Appointments Clause whose selection Congress may assign to the judiciary.
Following rumors that an SEC official steered discounted properties to relatives, a judicial council appointed Opal as special prosecutor. Her duties were confined to investigating that official's dealings with one firm and she could be removed only for cause. The council's appointment satisfied the Appointments Clause because the narrow subject-matter focus and judicial oversight made her an inferior officer.
Special prosecutor Ronald missed a filing deadline in a misconduct inquiry, paid the affected party from personal funds to hide the error, and never advised seeking independent counsel. The conduct went beyond negligence into dishonesty and conflict-of-interest violations, supporting professional discipline.
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A judicial panel named Ronald to examine only one defender's handling of specific files and to issue recommendations. Because the role carried no broad policymaking power and remained subject to judicial oversight, the appointment did not violate separation of powers.
A special prosecutor operating under an association's litigation guidelines directed staff attorneys to seek only non-segregated relief in school cases. The association's control over case strategy raised questions about whether the prosecutor's independence satisfied constitutional limits on compelled association.
A special prosecutor subpoenaed presidential tapes for use in a criminal trial. The President asserted executive privilege, but the court balanced the need for evidence in a criminal proceeding against confidentiality interests and ordered production of the materials.
A special prosecutor qualifies as an inferior officer when duties are limited to investigating a narrow range of persons and subjects, removal is available only for cause, and the role remains subject to judicial oversight. These constraints prevent the position from exercising the broad, ongoing authority of a principal officer.
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Yes. Because the position is an inferior officer, Congress may vest the appointment power in the judiciary rather than requiring presidential nomination and Senate confirmation.
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Missing a deadline, attempting to conceal the error by personal payment, and failing to advise the client of a malpractice claim and the need for independent counsel constitutes serious misconduct beyond mere negligence and supports discipline.
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…danger of either aggrandizement or encroachment. Morrison v. Olson , 487 U. S. 654 (1988) (upholding judicial appointment of independent counsel); Commodity Futures Trading Comm'n v. Schor , 478 U. S. 833 (1986) (upholding agency's assumption of jurisdiction over state-law counterclaims). In Nixon v. Administrator of General…