US Justice Department proposes rule to review ethics complaints against its lawyers before state bars act - JURIST - News

## Summary
News United States Department of Justice , Public domain, via Wikimedia Commons The US Department of Justice (DOJ) on Thursday introduced a proposed rule that would establish a formal procedure for reviewing complaints and allegations of professional misconduct against department attorneys before they are taken up by state disciplinary authorities. The proposal, which comes amid increasing scrutiny of the department’s attorneys and their adherence to ethical obligations in implementing Trump administration policies, seeks to empower Attorney General Pam Bondi to request the suspension of state bar investigations until the Department of Justice conducts a review of any originating complaint. The department said the proposed rule reflects concerns about what it described as the increasing “weaponization” of bar complaints against government lawyers, including complaints filed by political activists against senior DOJ officials and career attorneys. Under the proposal, if a complaint is filed with a state, territorial, or District of Columbia bar disciplinary authority, the DOJ could request that the authority pause investigative steps requiring participation from the attorney until the department completes its review.

## Article Content
News
United States Department of Justice
, Public domain, via Wikimedia Commons
The US Department of Justice (DOJ) on Thursday
introduced
a proposed rule that would establish a formal procedure for reviewing complaints and allegations of professional misconduct against department attorneys before they are taken up by state disciplinary authorities.
The proposal, which
comes amid increasing scrutiny of the department’s attorneys and their adherence to ethical obligations in
implementing
Trump administration policies, seeks to empower Attorney General
Pam Bondi
to request the suspension of state bar investigations until the Department of Justice conducts a review of
any originating complaint.
The department
said
the proposed rule reflects concerns about what it described as the increasing “weaponization” of bar complaints against government lawyers, including complaints filed by political activists against senior DOJ officials and career attorneys.
The department argued that such complaints risk interfering with the attorney general’s statutory responsibility under
28 U.S.C. 519
to supervise DOJ litigation and legal activities.
The proposal would amend
28 CFR Part 77
to allow the Attorney General to review allegations that a current or former DOJ attorney violated ethics rules while performing federal duties. Under the proposal, if a complaint is filed with a state, territorial, or District of Columbia bar disciplinary authority, the DOJ could request that the authority pause investigative steps requiring participation from the attorney until the department completes its review.
Hilary Gerzhoy
, chair of the rules of professional conduct review committee for the
District of Columbia Bar
, said the proposal “is incredibly concerning, adding that it “is inconsistent with all precedents,” and that attorney discipline in Washington, DC, is conducted through an independent process overseen by the
District of Columbia Court of Appeals
rather than the federal government.
Public comments on the proposed rule will be accepted through April 6, 2026.

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## Expert Analysis

### Merits
N/A

### Areas for Consideration
- The department argued that such complaints risk interfering with the attorney general’s statutory responsibility under 28 U.S.C. 519 to supervise DOJ litigation and legal activities.

### Implications
- Under the proposal, if a complaint is filed with a state, territorial, or District of Columbia bar disciplinary authority, the DOJ could request that the authority pause investigative steps requiring participation from the attorney until the department completes its review.
- Public comments on the proposed rule will be accepted through April 6, 2026.

### Expert Commentary
This article covers department, attorney, doj topics. Areas of concern are also raised. Readability: Flesch-Kincaid grade 0.0. Word count: 302.