- United States
- N.Y.
- Letter
**Oppose DOJ Regulation Blocking State Bar Ethics Investigations**
I urge you to oppose the Justice Department's proposed regulation that would allow Attorney General Pam Bondi to suspend and block state bar ethics investigations into current and former DOJ lawyers. This unprecedented federal intervention into state-run attorney disciplinary processes threatens the independence of legal ethics enforcement and removes accountability for federal attorneys.
Under this proposal, whenever a bar complaint is filed against a DOJ attorney for conduct performed in their official duties, the Attorney General could review it first and request that state bar authorities pause their investigation. If the DOJ finds no violation, the state would be blocked from investigating entirely. The regulation even threatens that if state bars refuse this request, the Department shall take appropriate action to prevent interference with the Attorney General's review.
This creates a system where DOJ attorneys essentially investigate themselves. While the Office of Professional Responsibility already reviews internal complaints, this proposal would give OPR authority over state bar complaints as well, creating duplicative oversight controlled entirely by the federal government. As Hilary Gerzhoy, chair of the DC Bar rules of professional conduct review committee, noted, state bar discipline processes are independent systems operating through state courts, not federal processes subject to DOJ control.
The practical effect would be devastating. Lauren Stiller Rikleen of Lawyers Defending American Democracy warned that without time limitations in the proposal, the Justice Department could run out the clock on investigations instead of pursuing them, blocking any accountability. This is particularly concerning given that OPR has suffered significant attrition.
The proposal effectively removes an entire category of lawyers from established professional conduct standards. State bars have constitutional authority to regulate attorneys practicing within their jurisdictions. Federal overreach into this system undermines the rule of law and creates a protected class of attorneys immune from the ethics oversight that governs every other lawyer.
I ask that you publicly oppose this regulation and work to ensure state bar independence remains intact.