Comments on Proposed DOJ Disciplinary Rule

The Society for the Rule of Law Institute has joined in submitting comments in response to the Department of Justice’s proposed rule governing disciplinary proceedings for DOJ attorneys. 

DOJ’s proposed rule cannot be squared with federal law. The McDade Amendment, 28 U.S.C. § 530B(a) (named after its chief sponsor, Representative Joseph McDade) requires that DOJ attorneys be subject to state ethical rules “to the same extent and in the same manner” as other attorneys in the state. A demand that state bar authorities delay investigations and disciplinary action against DOJ attorneys is contrary to that requirement. So, too, is the proposal to direct the Department’s attorneys not to respond to state bar inquiries for non-public information. Such a direction would place attorneys, who are subject to ethics rules requiring cooperation with state bar disciplinary authorities—and indeed, who often have an interest in providing information to bar authorities to defend themselves—in an impossible position. 

You can read our full comments here. 

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