On Thursday, March 12, 2026, the Illinois State Bar Association formally filled its comment in opposition to the Department of Justice’s (“DOJ”) Proposed Rule concerning “Review of State Bar Complaints and Allegations Against Department of Justice Attorneys.”
The Proposed Rule, which was filed by the DOJ last week, relates to state disciplinary agencies’ investigations and prosecutions of DOJ attorneys. It would establish a process for the DOJ to review bar complaints and allegations against its attorneys. Under the Proposed Rule, before a current or former DOJ attorney could participate in any disciplinary investigation by a state disciplinary authority, the DOJ would have the right to review the misconduct allegations in the first instance and request the state disciplinary authority to suspend its investigation until the completion of the DOJ’s review.
ISBA members are urged to read the Association’s comment and if so inclined, to file similar comments via the Federal Register. The public comment period ends on April 4, 2026.