DOJ proposes rule allowing attorney general to seek pauses in state bar ethics probes of DOJ lawyers
The Facts
- The Justice Department has proposed a regulation/policy affecting how ethics complaints against current or former DOJ attorneys are handled.
- The proposal was posted in the Federal Register on Wednesday.
- Under the proposal, DOJ would conduct its own review of ethics allegations and the attorney general could request that state bar authorities suspend parallel investigations until DOJ’s review is complete.
- DOJ has said the change is needed because the bar-complaint process has been “weaponized.”
- The proposal contemplates DOJ action if a bar disciplinary authority refuses to suspend its investigation after a request from the attorney general.
- The proposed rule is subject to a public comment period (described as 30 days in reporting).
Context
What would the proposed DOJ rule change in practice?
It would allow the attorney general to request that state bar disciplinary authorities pause (“suspend”) any parallel ethics investigation into a current or former DOJ lawyer while DOJ completes its own review of the allegations. ABC News The proposal also states DOJ may take action if a bar authority refuses such a request. ABC News
Where and when was the proposal made public?
The proposal was posted in the Federal Register on Wednesday, according to multiple reports. news.bloomberglaw.c… ABC News
How has DOJ justified the proposal, and what criticism has it drawn?
DOJ has framed the change as necessary to address what it calls the “weaponization” of bar complaints against department attorneys. news.bloomberglaw.c… Critics quoted in coverage argue it would diminish or improperly interfere with state-run bar disciplinary processes. news.bloomberglaw.c…
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