Coalition Supports DOJ Rule on Bar Complaint Review Process

AG: West Virginia News

Published April 7th, 2026

Detected April 8th, 2026

Summary

West Virginia Attorney General JB McCuskey led a coalition of 14 state AGs in submitting formal comments to the DOJ supporting a proposed rule establishing a federal review process for bar complaints filed against DOJ attorneys. The proposed rule would give DOJ's Office of Professional Responsibility (OPR) right of first review over such complaints before state bar proceedings move forward. State bars would retain full authority to investigate and impose sanctions after OPR completes its review.

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What changed

A coalition of 14 state Attorneys General, led by West Virginia AG JB McCuskey, submitted comments supporting a proposed DOJ rule that would establish a federal review process for bar complaints filed against Department of Justice attorneys. The rule would give OPR right of first review before state bar proceedings advance, while preserving state bars' ultimate authority to investigate and sanction.\n\nThe coalition action responds to a surge in organized bar complaint campaigns by advocacy groups, with over 90 politically tinged complaints filed against DOJ attorneys including former AGs Eric Holder and Bill Barr, special counsel Jack Smith, and Justice Brett Kavanaugh. The AGs characterize these campaigns as 'lawfare' designed to intimidate attorneys and deter legal talent from federal service. Read the letter here.

What to do next

Monitor for updates on DOJ rulemaking regarding bar complaint review process

Source document (simplified)

West Virginia urging the DOJ to protect federal attorneys from political groups who are weaponizing bar complaints

April 7, 2026

CHARLESTON, WV — West Virginia Attorney General JB McCuskey is leading a coalition of fourteen state Attorneys General in fighting back against organized, politically motivated campaigns designed to intimidate Department of Justice attorneys and cripple the federal government's ability to enforce the law.

The coalition submitted formal comments to Acting Attorney General Todd Blanche supporting a proposed rule that would establish a federal review process for bar complaints filed against Department of Justice attorneys.

"DOJ attorneys must be able to continue to enforce our Nation's laws without fear of politically motivated bar complaints or ethics investigations being filed against them. We have seen an increase in these unfounded complaints. " McCuskey said. "This lawfare has gone unchecked for too long and must stop. Yet our state bar and others have perversely labeled this modest effort to restore order as an attack on the law. "

There has been a surge in organized bar complaint campaigns by advocacy groups targeting DOJ attorneys for simply carrying out their official duties. Radical groups have collectively filed more than 90 complaints to shame attorneys and deter legal talent from working for the Department. It’s a problem on both sides of the aisle, with former Attorneys General Eric Holder and Bill Barr, special counsel Jack Smith, and Justice Brett Kavanaugh, all facing politically tinged complaints.

The coalition supports the proposed rule that would give DOJ's Office of Professional Responsibility (OPR) the right of first review over bar complaints filed against Department attorneys before state bar proceedings move forward. The rule will not eliminate state bar oversight. State bars would retain full authority to investigate and impose sanctions once OPR completes its review, and OPR would be required to disclose its findings.

Alabama, Florida, Indiana, Iowa, Kentucky, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, and Texas joined the West Virginia-led letter.

Read the letter here.