States’ rights! Proposed rule would let DOJ stall ethics complaints against current, former attorneys (Update)
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April 6 is the deadline for comments, which is a short comment period for a non-essential rule. At nearly 10,000 comments two days after it was posted, this one might set a record. And I know some readers love to comment.
The Department of Justice (“Department”) proposes to establish a process for reviewing bar complaints and allegations against its attorneys. Under the proposed rule, before a current or former Department lawyer may participate in any investigative steps initiated by the bar disciplinary authority of a State, Territory, or the District of Columbia in response to allegations that a current or former Department attorney violated an ethics rule while engaging in that attorney’s federal duties, the Department will have the right to review the allegations in the first instance and shall request that the bar disciplinary authority suspend any parallel investigations until the completion of the Department’s review.
The U.S. Department of Justice is seeking to intervene in state bar associations’ disciplinary proceedings against current and former DOJ lawyers—a move criticized within the legal community.
The Trump administration posted a proposed regulation in the Federal Register on Wednesday that pitches a new system for halting state-level ethics proceedings against DOJ lawyers while the department conducts its investigation.
The DOJ claims people are “weaponizing” the ethics complaints process. That’s how Republicans view being held to any sort of standards. No wonder it is the party of the worst white people.
Update: Related, perhaps? After announcing that Lindsey Halligan was under investigation last month, the Florida State Bar Association says whoopsie doodle, nevermind!
I think that’s how this rule would work if it gets finalized. Some SBAs will tell the DOJ fuck you, sue me. Some will say a rule’s a rule.
Please stay on topic in the comments. There’s an open thread coming up soon.
