Attorney General Raoul Opposes Department Of Justice Attempt To Weaken Attorney Disciplinary Process

CHICAGO – Attorney General Kwame Raoul, as part of a coalition of 22 attorneys general, opposed a proposed rule by the U.S. Department of Justice (DOJ) that seeks to limit state bar disciplinary proceedings related to alleged ethical misconduct by DOJ attorneys.

“The licensing and regulation of lawyers has been handled by the states since the nation’s founding,” Raoul said. “It is crucial that attorneys, especially those serving the public, are held to an unbiased standard of ethical and professional conduct without interference or retaliation from the federal government.”

In their comment letter, the attorneys general argue that under the proposed rule, the DOJ may be able to request that state bar organizations pause any investigation or disciplinary proceeding involving DOJ attorneys. States that decline such a request may be subject to undefined retaliatory actions by the federal government.

Federal law specifies that DOJ attorneys are subject to state laws and rules in the same manner as other attorneys in that state. This comment letter seeks to hold DOJ attorneys to that basic standard and pushes back on the DOJ’s attempts to circumvent that process.

Attorney General Raoul was joined in filing the comment letter by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, North Carolina, Oregon, Rhode Island, Virginia and Washington.

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