DOJ Wants First Shot at Reviewing Its Attorneys' Complaints
Published Date: 3/5/2026
Proposed Rule
Summary
The Department of Justice wants to review complaints against its lawyers before state bar groups jump in. This means DOJ gets first dibs to check if any ethics rules were broken during federal work and can pause state investigations until they finish. Comments on this new plan are open until April 6, 2026, so everyone has a chance to weigh in!
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
DOJ Gets First Review of Bar Complaints
If a complaint alleges that a current or former Department of Justice attorney broke an ethics rule while doing federal work, the Attorney General (or designee) will have the right to review the complaint first. The Department will ask State, Territorial, or D.C. bar disciplinary authorities to suspend any parallel investigations that would require the Department attorney's participation until the Department completes its review.
State Bars Can Still Impose Disbarment
Even if the Department reviews a complaint first, State bar disciplinary authorities remain able to begin or resume their own investigations and may impose additional sanctions beyond Department discipline, including suspension or permanent disbarment. The proposed rule does not require State bars to accept OPR's findings.
OPR Named as DOJ's Reviewer
The proposed rule makes the Office of Professional Responsibility (OPR) the Attorney General's designee to review bar complaints and allegations against Department attorneys in the first instance. OPR will notify the State bar and the affected lawyer whether the Department intends to exercise that right and will notify the bar when its review is complete or if it decides not to complete the review.
Former DOJ Attorneys' Choice to Cooperate
Former Department attorneys can choose to cooperate with OPR if they want OPR to review allegations that relate to their time at the Department. If a former attorney declines to cooperate and OPR cannot complete its review, OPR may terminate its review and notify the State bar so the bar may resume its investigation, where the bar may have compulsory authority.
DOJ May Block State Interference with Its Review
If a State bar disciplinary authority refuses the Attorney General's request to suspend parallel investigative steps, the Department says it will take appropriate action to prevent that bar authority from interfering with the Department's review. The Department intends to notify bars of the results of its review when complete.
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Key Dates
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