DOJ proposal would delay or block state discipline of federal government lawyers.
On March 16, the Chicago Council of Lawyers (“CCL”) submitted a comment opposing and urging withdrawal of a Department of Justice (“DOJ”) proposed rule entitled “Review of State Bar Complaints and Allegations Against Department of Justice Attorneys.” https://www.federalregister.gov/documents/2026/03/05/2026-04390/review-of-state-bar-complaints-and-allegations-against-department-of-justice-attorneys
The proposed rule would create a new DOJ-controlled process for reviewing complaints of attorney misconduct against DOJ lawyers and would effectively halt parallel investigations by state bar disciplinary authorities while DOJ conducts its review.
CCL’s comment is available here: https://chicagocouncil.org/wp-content/uploads/2026/03/Chicago-Council-of-Lawyers-Comment-on-DOJ-rule-Docket-No.-OAG199.pdf
Under DOJ’s proposed rule, the Attorney General would “establish a process for reviewing [state] bar complaints and allegations against [DOJ] attorneys.” DOJ would have “the right to review the allegations in the first instance,” coupled with a “request that the bar disciplinary authority suspend any parallel investigations until the completion of the Department’s review.” If a state bar disciplinary authority were to refuse or ignore that request, DOJ would “take appropriate action to prevent the bar disciplinary authorities from interfering with the Attorney General’s review of the allegations.”
The proposed rule would upend the long-established regulatory and disciplinary system governing attorneys in the United States. Under that system, it is state authorities—including those of the District of Columbia—not the federal government, that investigate and discipline attorneys, including DOJ attorneys, charged with ethical violations.
In its comment, CCL raised two principal objections.
First, the proposed rule is contrary to federal law. Congress has expressly prohibited the type of preemptive process the rule would establish. The McDade Amendment, 28 U.S.C. § 530B, provides that DOJ attorneys “shall be subject to State laws and rules . . . governing attorneys in each state where such attorneys engage[] in the attorney’s duties, to the same extent and in the same manner as other attorneys in that state” (emphasis added). By creating a separate review process applicable only to DOJ attorneys, the proposed rule would establish a distinct regulatory regime—precisely what the statute forbids.
Second, the proposed rule would create a substantial likelihood of delay and non-enforcement of state disciplinary rules. The rule does not require DOJ to conduct any investigation of complaints alleging unethical conduct by DOJ attorneys. It provides only that DOJ has a right of first “review” of such complaints, while state disciplinary authorities must stand down until DOJ completes that review. The rule also imposes no deadline for DOJ to complete its review. DOJ could therefore continue its review—if it conducts one at all—indefinitely, leaving state disciplinary authorities sidelined and effectively preventing enforcement of state disciplinary rules against DOJ attorneys.
CCL urges concerned members of the bar and others who are interested in a well-functioning system of attorney discipline that, in accordance with governing law, applies equally to all lawyers practicing within the jurisdiction to submit their own comments in opposition to the DOJ’s proposed rule. Any person or organization is permitted to submit a comment. The comment need not be lengthy or follow any specific format, except that all comments must include the name of the agency (Department of Justice) and reference Docket No. OAG199. Many individuals who have already submitted comments have expressed their views in only a few sentences, as the comments posted here attest: https://www.regulations.gov/docket/DOJ-OAG-2026-0001/comments
Comments may be submitted through the Federal eRulemaking portal: https://www.regulations.gov
Chicago Council of Lawyers
March 16, 2026
