The American Bar Association (ABA), along with numerous state and local bar associations, has expressed strong opposition to a proposed rule by the U.S. Department of Justice (DOJ) that would allow the DOJ to pause and review state-level ethics complaints against its attorneys. Critics argue that this proposal undermines state authority and could shield federal lawyers from accountability.
The DOJ’s proposed rule seeks to grant the Attorney General the authority to request that state bar investigations into DOJ attorneys be suspended pending the department’s internal review of any complaints. If state bar authorities refuse to comply, the DOJ indicates it may take unspecified “appropriate action” to prevent interference. The department contends that the bar complaint process has been “weaponized” by political activists, potentially chilling zealous advocacy by its attorneys. ([mycentraloregon.com](https://www.mycentraloregon.com/2026/03/04/doj-proposes-policy-aimed-at-limiting-state-bar-ethics-probes-into-its-attorneys/?utm_source=openai))
Opponents of the proposal argue that it infringes upon states’ sovereign power to license, regulate, and discipline attorneys within their jurisdictions. California Attorney General Rob Bonta, representing a coalition of 22 attorneys general, emphasized that the rule could delay accountability and undermine public trust in the legal system. ([oag.ca.gov](https://oag.ca.gov/news/press-releases/attorney-general-bonta-opposes-us-doj-exclusive-authority-shields-federal?utm_source=openai))
Representative Jamie Raskin, Ranking Member of the House Judiciary Committee, also criticized the proposal, describing it as a “get out of jail free” card for DOJ attorneys. He warned that the rule could unlawfully interfere with state authority over attorney discipline and shield federal lawyers from consequences for professional misconduct. ([democrats-judiciary.house.gov](https://democrats-judiciary.house.gov/media-center/press-releases/ranking-member-raskin-slams-doj-proposal-to-immunize-doj-attorneys-from-state-bar-rules?utm_source=openai))
The Brennan Center for Justice has also voiced opposition, stating that the proposed rule is an attempt to shield DOJ attorneys suspected of violating ethics rules from oversight by state bar disciplinary bodies. The center argues that this move could dismantle checks on the department’s abuses of power and further erode public trust in the justice system. ([brennancenter.org](https://www.brennancenter.org/our-work/research-reports/justice-department-attempts-shield-its-lawyers-accountability-misconduct?utm_source=openai))
As the public comment period for the proposed rule concluded on April 6, 2026, the DOJ faces mounting pressure from legal professionals and state authorities to withdraw the proposal. Critics maintain that maintaining the integrity of the legal system requires holding all attorneys to the same ethical standards, without exceptions for federal employees.