Davenport pushes against proposed rule to protect DOJ lawyers from state bar investigations

Attorney General Jennifer Davenport joined most of the country’s other Democratic attorney generals to sign a letter denouncing a proposed rule that would limit state-based investigations of federal attorneys.

The Department of Justice last month proposed a rule that would limit state bar misconduct investigations into DOJ lawyers; the DOJ would take over that authority, and if it found no wrongdoing, state bar associations would be barred from further investigating the alleged infraction. 

“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,” Davenport said in a release. “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 DOJ said the change is needed to address the “weaponization” of bar complaints, according to Bloomberg Law. Under the rule, if a state bar association attempts to investigate after the DOJ declares it null, the DOJ could “prevent the bar disciplinary authorities from interfering” with the federal attorney general’s decision.

“This unprecedented weaponization of the State bar complaint process risks chilling the zealous advocacy by Department attorneys on behalf of the United States, its agencies, and its officers,” the rule states. “That chilling effect, in turn, would interfere with the broad statutory authority of the Attorney General to manage and supervise Department attorneys.”

The DOJ has faced increased scrutiny under the Trump administration. Former Attorney General Pam Bondi and many attorneys within the department face complaints, especially regarding immigration matters. In New Jersey, the DOJ admitted to violating more than 50 court orders, though they said the violations were accidental. 

“Allowing the DOJ to insulate employees accused of professional misconduct would never be appropriate, but it is particularly improper at a time when federal courts across the country have been increasingly vocal regarding departures from the professional norms previously upheld by the DOJ,” the letter reads.