U.S. Senate Democratic Whip Dick Durbin, Ranking Member of the Senate Judiciary Committee, and all Democratic members of the committee submitted a written comment to the Department of Justice on April 7 opposing a proposed rule that would override state bar associations’ authority to investigate ethics complaints against Department attorneys.
The issue centers on the McDade Amendment, enacted by Congress in 1999, which ensures that Department of Justice lawyers are held to the same ethical standards as other attorneys. The Senators argue that the proposed rule would violate this amendment and undermine existing accountability measures for federal lawyers.
In their letter, Durbin and his colleagues wrote: “The Proposed Rule violates the express statutory language of the McDade Amendment by subjecting DOJ attorneys to a wholly different process for adjudicating ethics complaints than is applicable to other attorneys in the state where a DOJ lawyer is barred; DOJ has no authority to impose regulations or conditions on state bar disciplinary authorities; The Proposed Rule gives the Attorney General a tool to sabotage state bar inquiries into the conduct of DOJ lawyers; The Proposed Rule would allow senior DOJ political appointees to insulate themselves from professional consequences for unethical conduct committed while serving at DOJ; and The Proposed Rule is arbitrary and capricious, as it is unnecessary, and DOJ has provided no evidentiary support for its claims.”
The Senators also said that allowing such a rule would give political appointees within the department undue protection from independent oversight. They concluded: “The Proposed Rule is ultimately nothing more than a transparent effort to continue the Trump Administration’s weaponization of the justice system against its political enemies. If the AG truly wants DOJ lawyers to avoid discipline proceedings before state bar authorities, there is a better solution: take care to see that DOJ attorneys conduct themselves according to the highest ethical standards, and do not ask them to mislead courts or evade court orders.”
Alongside Durbin, signatories included U.S. Senators Sheldon Whitehouse, Amy Klobuchar, Chris Coons, Richard Blumenthal, Mazie Hirono, Cory Booker, Alex Padilla, Peter Welch, Adam Schiff, Ben Ray Lujan and Catherine Cortez Masto.
The Senate Judiciary Committee plays an important role in shaping constitutional protections and public safety nationwide through its legislative work and oversight responsibilities according to its official website. It reviews legislation related to federal law enforcement agencies and evaluates judicial nominations according to its official website. Led by a chairperson who oversees meetings with senators from both major parties according to its official website, it influences civil rights issues across America according to its official website.
As debate continues over how best to ensure accountability among government lawyers while respecting states’ authority over legal ethics matters—a core function overseen by standing committees like Judiciary—further developments are expected as stakeholders await any response from federal officials.
