NCAJ Posts Comment on Proposed Federal Rule Change

Rule Would Exempt DOJ Attorneys From the Normal Disciplinary Processes

The Department of Justice is accepting comments on a proposed federal rule change that would require the Attorney General of the United States to first review ethics complaints against Department of Justice attorneys and give the Attorney General the power to effectively veto or block state bar investigations or discipline arising from those complaints. Comments will be accepted at this site until 11:59 p.m. Monday, April 6.

NCAJ posted the following comment to the site:

North Carolina Advocates for Justice is a non-profit, non-partisan professional organization of more than 2,000 North Carolina lawyers that advocates for fair laws and a level playing field across all branches of government. NCAJ opposes the proposed rule change that would allow the Attorney General of the United States to exempt all current and former Department of Justice attorneys from the normal disciplinary processes that currently apply to all lawyers. The states should continue to oversee and maintain attorney licensing and discipline for the protection of the profession and the public, as they have done “[s]ince the founding of the Republic.” Leis v. Flynt, 439 U.S. 438, 442 (1979). The same ethical standards and disciplinary processes should apply to all lawyers licensed in a given state, regardless of who employs or employed them.