# Justice Manual § 9-138.170: Delegation of United States Attorney's Responsibility to Appear on Behalf of Federal Prosecuting Officials

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-138.170

## Section

- **Citation:** Justice Manual § 9-138.170
- **Heading:** Delegation of United States Attorney's Responsibility to Appear on Behalf of Federal Prosecuting Officials
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-138.000 - Prohibition Against Certain Persons Holding Office And Employment / Justice Manual § 9-138.170

## Text

In the case of a convicted person’s request to a federal district court for relief from a disability in a particular prohibited capacity, the state or federal prosecuting attorney is entitled to notice and opportunity to appear in any hearing concerning the federal court’s determination that the convicted person’s exempted service would not be contrary to the purposes of the LMRDA and in accordance with the Sentencing Commission’s policy of prior rehabilitation at U.S.S.G. § 5J1.1. Therefore, a United States Attorney's responsibility to appear in an United States district court on behalf of the Federal prosecuting officials who have standing to participate in relief proceedings may be delegated to those Department of Labor attorneys who are given special appointments pursuant to 28 U.S.C. § 543 or Department of Justice attorneys designated by the Assistant Attorney General, Criminal Division. See
JM 9-138.160
. However, with respect to district court proceedings for relief under ERISA, attorneys appointed by the Secretary of Labor pursuant to ERISA and 29 U.S.C. § 1132(j) are authorized to represent only the Secretary of Labor. See
JM 9-138.150
.

[updated January 2020]

## Nearby sections

- [Justice Manual § 9-138.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-138.010.md)
- [Justice Manual § 9-138.020 Investigative and Supervisory Jurisdiction](https://www.frixlaw.com/law-library/statutes/JM_S9-138.020.md)
- [Justice Manual § 9-138.030 Consultation Prior to Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-138.030.md)
- [Justice Manual § 9-138.040 Consultation Prior to Relief of Convicted Individuals From Labor-Management and Pension-Welfare Position Disqualification](https://www.frixlaw.com/law-library/statutes/JM_S9-138.040.md)
- [Justice Manual § 9-138.130 Coordination with the Department of Labor](https://www.frixlaw.com/law-library/statutes/JM_S9-138.130.md)
- [Justice Manual § 9-138.150 Litigating Authority of Department of Labor Attorneys in District Court Proceedings Under ERISA—29 U.S.C. § 1111](https://www.frixlaw.com/law-library/statutes/JM_S9-138.150.md)
- [Justice Manual § 9-138.160 Special Appointment of Department of Labor Attorneys in District Court Proceedings Under LMRDA (29 U.S.C. § 504)](https://www.frixlaw.com/law-library/statutes/JM_S9-138.160.md)
- [Justice Manual § 9-138.170 Delegation of United States Attorney's Responsibility to Appear on Behalf of Federal Prosecuting Officials](https://www.frixlaw.com/law-library/statutes/JM_S9-138.170.md)
- [Justice Manual § 9-138.180 Conflict Resolution](https://www.frixlaw.com/law-library/statutes/JM_S9-138.180.md)
- [Justice Manual § 9-138.200 Civil Actions—Coordination](https://www.frixlaw.com/law-library/statutes/JM_S9-138.200.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-138.170. Check the current official text before relying on it. Not legal advice.