In court, address a prosecutor as “Mr.” or “Ms.” followed by their last name, or simply as “Counsel.” The more important point about how to address a prosecutor in court is that you rarely speak to them at all: your words go to the judge, even when you’re responding to something the prosecutor just said.
Speak to the Judge, Not the Prosecutor
This is the rule that catches self-represented people off guard more than any other. You don’t turn to the prosecutor and argue with them. You face the bench and address the judge. A typical phrasing sounds like, “Your Honor, opposing counsel’s characterization of the evidence is incorrect because…” rather than, “That’s wrong, and here’s why.”
Directing your comments at the judge instead of at the other side is the foundational rule of courtroom communication. Violating it is one of the fastest ways to draw a correction from the bench, and repeated corrections erode your credibility on everything else you say.
What to Call the Prosecutor
When you do need to refer to the prosecutor by name, use their last name with an honorific: “Mr. Garcia,” “Ms. Chen,” or the gender-neutral “Mx. Park” (pronounced “mix”), which courts increasingly recognize. “Counsel” and “opposing counsel” work in every courtroom and are always safe when you’re not sure what someone prefers. Some courts also list alternatives like “Counselor” or a role designation such as “the prosecution.”
If you’re unsure about someone’s preferred honorific, ask respectfully rather than guess. A short, courteous question is better than a mistake repeated through an entire hearing.
Get the Office Title Right
“Prosecutor” is a generic term, and the official title varies by jurisdiction. Most people know “District Attorney,” used in states like California, New York, and Pennsylvania. Connecticut, North Dakota, South Dakota, and Vermont use “State’s Attorney.” Kentucky and Virginia call them “Commonwealth’s Attorney.” South Carolina uses “Solicitor.” Other states use “County Attorney” or “Prosecuting Attorney.” In federal court, the prosecutor is a “United States Attorney” or an “Assistant United States Attorney.”
You don’t usually need the office title to speak in court, because “Mr./Ms. [Last Name]” or “Counsel” covers you. But if you’re introducing yourself, filing anything, or referring to the chief prosecutor by role, using the wrong title makes you look unprepared. A quick check of the local court or prosecutor’s office website will tell you exactly what applies where your case is.
The Physical Etiquette That Goes With It
How you address the court is inseparable from how you carry yourself in it. Stand whenever you speak to the judge or the judge speaks to you. Stand when the judge enters and leaves the courtroom.
When you object, stand, state the legal basis briefly (“Objection, hearsay”), and wait for the judge to rule before continuing. Don’t elaborate unless the judge asks.
Never interrupt the prosecutor, even when what they’re saying is factually wrong. Wait your turn. Judges notice who keeps composure under pressure and who doesn’t, and that impression carries. Avoid visible reactions to testimony or arguments: no eye-rolling, head-shaking, sighing, or whispering to people in the gallery. Courts sometimes call this “bodily and facial serenity,” and it applies to everyone in the room.
Extra Caution If You Represent Yourself
Pro se defendants face risks in prosecutor interactions that represented parties don’t. Two of them matter most.
First, the prosecutor is not your advisor and cannot act like one. Under legal ethics rules adopted in virtually every jurisdiction, a prosecutor is prohibited from giving legal advice to an unrepresented adverse party whose interests conflict with the state’s, which in a criminal case is almost always the situation. The only advice they can ethically offer is the advice to hire a lawyer.1American Bar Association. ABA Model Rules of Professional Conduct – Rule 4.3: Dealing with Unrepresented Person They also cannot imply that they’re neutral or looking out for you. They’re an advocate for the state.
Second, nothing you say to a prosecutor is confidential. Every admission, offhand remark, and attempt to explain your side can be used against you. Prosecutors are skilled at putting people at ease and asking open-ended questions. Being polite and cooperative does not require you to volunteer information. You can be respectful and measured at the same time. The same caution applies if the prosecutor refers you to a victim advocate, a case worker, or any other staff member in their office; those conversations aren’t privileged either.
What Disrespect Can Actually Cost You
Courtroom etiquette isn’t only about impressions. Courts can punish disruptive or disrespectful behavior as contempt, and they use that power more often than people expect.
Federal courts can impose fines or imprisonment for misbehavior in the court’s presence that obstructs the administration of justice.2Office of the Law Revision Counsel. United States Code Title 18 – 401 Power of Court State courts have equivalent powers. For contempt committed directly in front of the judge, called “direct” or “summary” contempt, the judge can order you detained immediately without a separate hearing.3Federal Judicial Center. The Contempt Power of the Federal Courts Sentences for summary contempt can reach up to six months of incarceration without a jury trial. Fines vary widely by jurisdiction.
The behaviors that trigger contempt aren’t limited to dramatic outbursts. Repeatedly ignoring a judge’s instructions, refusing to stop arguing after being told to move on, recording proceedings without permission, or making disparaging comments about the judge or opposing counsel can all qualify. For someone representing themselves in a criminal case, a contempt finding adds a new legal problem on top of the one that brought them to court.
The simplest way to avoid all of it: follow every instruction from the bench immediately, save disagreements for the record, address the judge rather than the prosecutor, and use “Mr.,” “Ms.,” “Mx.,” or “Counsel” when you do have to refer to the other side by name.