DOJ Proposes Regulation to Intervene in State Bar Investigations

The U.S. Department of Justice (DOJ) has introduced a proposed regulation that would allow it to intervene in state bar associations' disciplinary investigations of current and former DOJ attorneys. This regulation aims to suspend any state ethics proceedings while the DOJ conducts its own review of complaints against its lawyers. The proposal, posted in the Federal Register, is framed by the DOJ as a necessary measure to combat what it describes as the "weaponization" of the bar complaint process by political activists targeting DOJ officials.

Democracy DocketDOJ pushes to sideline state bar ethics probesThe HillDOJ Proposes Rule to Review Ethics Complaints Against Its LawyersSlate

The DOJ's move follows a series of complaints filed against high-profile officials, including Attorney General Pam Bondi and Deputy Attorney General Todd Blanche. These complaints have raised concerns about ethical violations during their tenure. The DOJ argues that the proposed rule is essential to protect its attorneys from what it perceives as politically motivated investigations that could hinder their advocacy on behalf of the United States.

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• Pam Bondi: Attorney General of the United States, advocating for the proposed regulation.

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• Todd Blanche: Deputy Attorney General, also facing state bar complaints.

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• Lindsay Halligan: A U.S. attorney involved in controversial prosecutions, who has been the subject of bar complaints.

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Legal experts and advocacy groups have criticized the proposed regulation as an attempt to limit ethical oversight of DOJ lawyers. Critics argue that it undermines the independence of state bar associations and could allow DOJ attorneys to evade accountability for ethical violations. Stephen Gillers, a legal ethics scholar, described the proposal as "an assault on federalism," suggesting it would erode state courts' authority over legal practice. Additionally, Stacey Young, executive director of Justice Connection, condemned the proposal as a means for the DOJ to avoid oversight and accountability.

Democracy DocketDOJ Proposes Rule to Review Ethics Complaints Against Its LawyersDOJ pushes to sideline state bar ethics probesThe HillSlate

The DOJ has characterized the proposed regulation as a necessary step to ensure that its attorneys can operate without the fear of politically motivated complaints. The department's overview states, “This unprecedented weaponization of the State bar complaint process risks chilling the zealous advocacy by Department attorneys.” Conversely, critics like Barb McQuade, a law professor, have expressed that the DOJ's actions could grant its lawyers "carte blanche to violate ethics rules."

Democracy DocketDOJ pushes to sideline state bar ethics probesThe HillSlateDOJ Proposes Rule to Review Ethics Complaints Against Its Lawyers

While the DOJ claims that the regulation is needed to protect its attorneys, critics argue that it contradicts established attorney discipline processes. The DOJ's assertion that it can pause state bar investigations has raised legal questions, particularly regarding the McDade Amendment, which mandates that DOJ attorneys are subject to state laws and rules. This discrepancy highlights ongoing debates about the limits of federal authority over state bar associations.

SlateDemocracy DocketDOJ pushes to sideline state bar ethics probesDOJ Proposes Rule to Review Ethics Complaints Against Its LawyersThe Hill

The proposed regulation is currently open for public comment until April 6, 2026. Following this period, the DOJ will review feedback and may finalize the rule. The outcome of this proposal could significantly impact the relationship between federal and state legal oversight, as well as the ethical standards governing DOJ attorneys.

DOJ Proposes Rule to Review Ethics Complaints Against Its Lawyers

• “This unprecedented weaponization of the State bar complaint process risks chilling the zealous advocacy by Department attorneys on behalf of the United States, its agencies, and its officers.” — DOJ Overview

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• “The judiciary is a coequal branch of our government,” — Kathleen Sweet, President of the New York State Bar Association

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• “This appears to be the latest example of DOJ leadership trying to avoid oversight and accountability for their lawlessness,” — Stacey Young, Executive Director of Justice Connection

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• “DOJ would usurp the traditional power of the state courts, not the bar, over the practice of law,” — Stephen Gillers, Legal Ethics Scholar

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