Mar 19, 2026
On March 18, 2026, Attorney Jordan D. Howlette submitted a formal public comment to the U.S. Department of Justice opposing a proposed rule (Docket No. DOJ-OAG-2026-0001-0001) that would authorize the Attorney General to intercept and suspend state bar disciplinary investigations of current and former DOJ attorneys.
The proposed rule would allow the Department to review bar complaints against its attorneys in the first instance and request that state disciplinary authorities halt their own proceedings until DOJ completes an internal review—with no deadline for that review to conclude. The rule further threatens "appropriate action" against any state bar authority that declines to suspend its investigation, a deliberately vague enforcement mechanism that functions as a coercive threat to independent state regulators.
In his comment and supporting letter, Attorney Howlette argues that the proposed rule is fundamentally incompatible with the McDade Amendment (28 U.S.C. § 530B), which Congress enacted specifically to ensure that DOJ attorneys are subject to the same state ethics rules as every other licensed attorney. The comment further explains that the rule would undermine the independent oversight system that serves as a cornerstone of public confidence in the legal profession, and that the absence of any timeline for the Department's internal review would create a de facto shield from accountability.
As a civil rights litigation firm that routinely holds government entities accountable for wrongful acts, Justly Prudent has a particular interest in preserving the independent disciplinary systems that deter government attorneys from engaging in unethical conduct. The comment urges the Department to withdraw the proposed rule in its entirety.