DOJ Seeks to Shield Attorneys From State Ethics Investigations
The Department of Justice (DOJ) is attempting to limit oversight of its attorneys by establishing a process to review and potentially suspend state bar ethics investigations. This move, announced via a proposed rule in the Federal Register on Wednesday, March 5, 2026, has drawn swift criticism from legal groups who argue it is an attempt to avoid accountability.
Proposed Rule and its Implications
Under the proposed regulation, Attorney General Pam Bondi would have the authority to review complaints and allegations against DOJ attorneys and to request that state bar disciplinary authorities pause their investigations pending the DOJ’s own internal review. The DOJ argues this is necessary to ensure compliance with the McDade Amendment, which states that DOJ attorneys are subject to state laws and rules to the same extent as other attorneys in that state. Federal Register
However, critics contend the rule would effectively allow the DOJ to indefinitely stall state bar investigations, potentially shielding attorneys from professional penalties, including disbarment. The DOJ’s internal review process lacks the transparency and enforcement power of state bar associations. Democracy Docket
Concerns and Criticisms
Legal groups have denounced the proposal as an attempt to limit ethical oversight, particularly in light of ethics complaints against several DOJ officials, including Attorney General Pam Bondi, Deputy Attorney General Todd Blanche, and others involved in defending the Trump administration. Democracy Docket
Stacey Young, executive director of Justice Connection, stated the proposal is “the latest example of DOJ leadership trying to avoid oversight and accountability.” She further criticized the department for actions such as purging the head of the Office of Professional Responsibility and allegedly slandering whistleblowers. Democracy Docket
The proposed rule faces potential legal challenges. The Supreme Court has previously ruled against federal interference in ongoing state bar disciplinary proceedings, citing the states’ “extremely important interest” in maintaining the professional conduct of licensed attorneys. New York Times, Bloomberg Law
Next Steps
The proposed regulation is subject to a 30-day public comment period before it can be finalized. The DOJ has not specified how it would enforce the rule if it faces legal challenges or resistance from state bar associations. Bloomberg Law