The U.S. Department of Justice (DOJ) has introduced a proposed rule that could reshape how ethics complaints against its attorneys are handled. This initiative would establish a formal review process by the DOJ before state bar disciplinary authorities could act on complaints. As the department faces increasing scrutiny over its lawyers’ conduct, particularly in relation to policies from the Trump administration, the proposal aims to give the Attorney General authority to pause state investigations until a DOJ review is completed. This change reflects concerns about the growing “weaponization” of bar complaints against government lawyers, often seen as a political tactic against both senior officials and career attorneys within the department.
The DOJ argues that such a measure is necessary to protect the Attorney General’s ability to supervise litigation and legal activities under 28 U.S.C. 519. The proposed amendment to 28 CFR Part 77 would allow the Attorney General to assess violations of ethics rules by DOJ lawyers when performing federal duties. If a complaint is filed with a state or other jurisdictional bar, the DOJ could request an investigation be paused pending its own review. Learn more about this proposal here.
This proposal has generated significant debate. Hilary Gerzhoy, chair of the rules of professional conduct review committee for the District of Columbia Bar, described the proposal as “incredibly concerning” and “inconsistent with all precedents,” noting that attorney discipline in Washington, D.C., is traditionally managed through an independent process overseen by the District of Columbia Court of Appeals, not the federal government.
Unlike the standard administration of bar complaints, which is typically a state-controlled process, this proposed rule underscores the federal government’s focus on regulatory concerns as highlighted in a recent discussion. Stakeholders and the legal community are watching closely as public comments on the proposed rule are being accepted through April 6, 2026.
As the legal community navigates these developments, the proposed rule by the DOJ adds another layer to ongoing debates about the boundaries between federal oversight and state regulation of legal ethics. This unfolding issue presents a crucial intersection of law and policy, offering an important commentary on the dynamic between state autonomy and federal interests in maintaining control over its legal representatives.