NJ AG Co-Leads 22-State Coalition Opposing DOJ Rule on Attorney Discipline
Summary
New Jersey Attorney General Jennifer Davenport co-led a coalition of 22 state attorneys general in filing a comment letter opposing a Department of Justice proposed rule that would limit state bar disciplinary proceedings against DOJ attorneys. The DOJ rule would allow the federal government to request state bars pause investigations into DOJ attorneys, with potential retaliatory consequences for non-compliant states.
What changed
The New Jersey AG announced that a coalition of 22 state attorneys general submitted a comment letter opposing the DOJ's proposed rule that would authorize the Department to request state bar organizations suspend investigations or disciplinary proceedings against DOJ attorneys. The states argue this would improperly shield federal attorneys from standard ethical oversight and violate historical state authority over attorney licensing. States refusing DOJ requests may face undefined federal retaliatory actions.
The comment letter asserts that federal law already requires DOJ attorneys to follow state rules like other attorneys in each jurisdiction. The AGs are urging the DOJ to withdraw the proposal, citing concerns about undermining public trust in the legal profession and setting a lower ethical standard for federal prosecutors and lawyers. Legal professionals and state bar associations should monitor whether the DOJ proceeds with finalizing this rule.
What to do next
- Monitor for DOJ final rule on attorney discipline
- Review state bar association response protocols
- Track retaliation policy developments
Source document (simplified)
Attorney General Davenport Co-Leads Letter Demanding That Federal Attorneys Adhere to Ethics Standards
Attorney General Davenport Co-Leads Letter Demanding That Federal Attorneys Adhere to Ethics Standards
by NJOAG Communications WC | Apr 7, 2026 | alleged ethical misconduct by DOJ attorneys | coalition of 22 attorneys general | comment letter | Department of Justice (DOJ) | ethical conduct | licensing and regulation of lawyers | limit state bar disciplinary proceedings | lower standard | Proposed Rule | undefined retaliatory actions by the federal government | Press Release | Protecting NJ From Attacks Out Of DC |
Coalition Files Comment Letter Opposing Rule Proposal by Department of Justice That Weakens Misconduct Discipline Process
For Immediate Release: April 7, 2026
Office of the Attorney General
– Jennifer Davenport, Attorney General
For Further Information:
Media Inquiries-
Michael Symons
OAGpress@njoag.gov
TRENTON – Attorney General Jennifer Davenport co-led a coalition of 22 Attorneys General in filing a comment letter opposing a proposed rule by the Department of Justice (DOJ) that seeks to limit state bar disciplinary proceedings related to alleged ethical misconduct by DOJ attorneys.
If the proposed rule were adopted, the Justice Department may be able to request that state bar organizations pause any investigation or disciplinary proceeding involving DOJ attorneys. States that decline such a request may be subject to undefined retaliatory actions by the federal government.
“Attorneys must be held to the highest standards of professional and ethical conduct, not because of where they work, but because of what they represent,” said Attorney General Davenport. “The Department of Justice is an institution built on the tradition that those who wield the power of the law must do so with unwavering integrity, independence, and fidelity to the truth. This proposed rule seeks to shamefully lower that standard. In New Jersey, we work every day to build public trust in the legal system.”
The licensing and regulation of lawyers has been handled by the States since the Nation’s founding. Federal law specifies that DOJ attorneys are subject to State laws and rules in the same manner as other attorneys in that State. This comment letter seeks to hold DOJ attorneys to that basic standard and pushes back on DOJ’s attempts to circumvent that process.
Attorney General Davenport was joined in co-leading the letter by the attorneys general of Minnesota, the District of Columbia, and Colorado. The letter was also joined by the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Virginia, and Washington.
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