On Wednesday, March 4, 2026, The New York Times reported that the Justice Department is attempting to intervene in state bar associations’ disciplinary actions against its own lawyers. This move reflects a growing concern among administration officials that attorneys acting on their behalf could face punishment from legal ethics organizations, potentially jeopardizing their ability to practice law.
The Justice Department has posted a notice online stating its desire to prioritize investigations into allegations of wrongdoing by its lawyers. The department aims to curb the authority of state bar associations in investigating or disciplining these lawyers. While the department lacks direct control over state bar disciplinary bodies, it proposes that state bar associations “suspend any parallel investigations until the completion of the department’s review.”
Stephen Gillers, a legal ethics professor at New York University’s law school, characterized the move as a power grab, highlighting the department’s intention to pursue legal action if a state committee rejects its proposal. Gillers stated, “This is a threat.”
Career lawyers within the Justice Department have reportedly resisted carrying out orders they deem unethical, fearing potential license revocation. These concerns have been discussed anonymously due to the sensitive nature of internal ethics disputes.
Melanie Lawrence, former interim chief trial counsel for the California State Bar, emphasized the critical role of state bars in enforcing ethics rules within the legal profession, even for high-ranking Justice Department officials. Lawrence stated, “None of these Department of Justice attorneys…would have a job were it not for the license they have in a particular state. The state bar holds the key to these people’s ability to wield their sword.”
The Justice Department’s efforts to delay disciplinary actions coincide with its pursuit of disbarment for Roger Alford, a former senior antitrust lawyer. Alford was forced out of the department last year due to a dispute over a merger settlement. He publicly denounced alleged corruption by other senior Justice Department officials. A federal judge has initiated an inquiry into the circumstances surrounding the merger settlement that led to Alford’s removal. Gail Slater, Alford’s former boss, recently departed from the department.
Source: The New York Times
