DOJ Proposes Rule to Review Ethics Complaints Against Its Lawyers

The proposed rule would allow the Attorney General to pause state bar investigations into DOJ attorneys.

Published on Mar. 7, 2026

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The US Department of Justice has introduced a proposed rule that would establish a formal procedure for reviewing complaints and allegations of professional misconduct against department attorneys before they are taken up by state disciplinary authorities. The proposal seeks to empower the Attorney General to request the suspension of state bar investigations until the DOJ conducts its own review of any originating complaint.

Why it matters

The proposed rule reflects concerns from the DOJ about what it describes as the 'weaponization' of bar complaints against government lawyers, including complaints filed by political activists against senior DOJ officials and career attorneys. Critics argue the proposal is inconsistent with established attorney discipline processes that are meant to be independent from federal government oversight.

The details

Under the proposal, if a complaint is filed with a state, territorial, or District of Columbia bar disciplinary authority, the DOJ could request that the authority pause investigative steps requiring participation from the attorney until the department completes its own review. The DOJ argued this is necessary to uphold the Attorney General's statutory responsibility to supervise DOJ litigation and legal activities.

  • The DOJ introduced the proposed rule on March 7, 2026.
  • The public comment period on the proposed rule will be open until April 6, 2026.

The players

Pam Bondi

The current Attorney General of the United States.

Hilary Gerzhoy

The chair of the rules of professional conduct review committee for the District of Columbia Bar, who said the proposal is 'incredibly concerning' and 'inconsistent with all precedents'.

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What they’re saying

“The proposal 'is incredibly concerning, adding that it 'is inconsistent with all precedents,'”

— Hilary Gerzhoy, Chair of the rules of professional conduct review committee for the District of Columbia Bar (jurist.org)

What’s next

The public comment period on the proposed rule will be open until April 6, 2026, after which the DOJ will review the feedback and potentially finalize the rule.

The takeaway

This proposed rule highlights the ongoing tension between the DOJ's desire to oversee ethics complaints against its own lawyers and the established independence of state bar disciplinary processes. The outcome of this proposal could have significant implications for how misconduct allegations against government attorneys are handled in the future.