The U.S. Department of Justice under Attorney General Pam Bondi is advancing a proposed rule — published in the Federal Register on March 5, 2026 — that would allow the DOJ to suspend state bar disciplinary investigations of its own attorneys whenever a complaint is filed, requiring state bars to pause proceedings while the Department conducts its own internal review. Multiple state bar associations, including those of New York and Illinois, filed formal opposition during this reporting period, with the New York State Bar Association calling the rule a violation of federal law and arguing that “government attorneys must be held to the same ethical standards and independent review as every other lawyer.” Legal experts have highlighted that the proposal directly contradicts the McDade Amendment, which mandates that DOJ attorneys comply with state ethics rules to the same extent as all other lawyers, as well as a unanimous Supreme Court precedent. The rule comes as Bondi and other senior DOJ officials face multiple state bar complaints relating to their conduct in immigration enforcement and politically sensitive matters. Critics argue the proposal is designed to insulate government lawyers from accountability precisely when that accountability is most needed — enabling them to implement the administration’s most aggressive policies without the professional consequences that govern the rest of the legal profession.

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