A Federal Register notice about DoJ attorneys

[David Boundy]

The Department of Justice has proposed a rule at https://www.federalregister.gov/documents/2026/03/05/2026-04390/review-of-state-bar-complaints-and-allegations-against-department-of-justice-attorneys that could affect the ability of state bars to investigate disciplinary complaints against DoJ attorneys. Under the proposal, when a complaint is filed against one of its attorneys, the state bar would be required to suspend its disciplinary proceeding while DoJ conducts its own internal investigation.

 

This proposal raises concerns about potential encroachment on the authority of state bars to regulate the conduct of their members.  The proposal could create risks for the public if state investigations are delayed or stalled during internal DoJ review.

 

This matters to IP attorneys too.  Several times I have started to work up a bar disciplinary complaint against PTO attorneys behind some of the more egregious shenanigans/falsehoods by PTO attorneys (the outrage never lasted quite long enough to actually submit it, sorry).  This rule would erode accountability across the entire government.

 

Comments are due April 6.  I have another brief due on April 4, so I will not be preparing one of my sign-on letters.  Go to https://www.federalregister.gov/documents/2026/03/05/2026-04390/review-of-state-bar-complaints-and-allegations-against-department-of-justice-attorneys and click the green box at the top right corner.  Other comments (if you want to plagiarize) are at https://www.regulations.gov/document/DOJ-OAG-2026-0001-0001/comment -- this is a forum in which quality matters as much as quantity, so try to write a thoughtful comment.

--

  

David Boundy | Partner | Pierson Ferdinand LLP

P.O. Box 590638 | Newton, MA 02459

Direct: 646.472.9737  |  David....@PierFerd.com

Articles at http://ssrn.com/author=2936470

Click here to add me to your contacts.

[Rick Neifeld]

I submitted my comments, and posted them here:

2026 Articles

"Comments in Response to DOJ Proposed Rule Regulating State Bar Attorney Discipline for Government Attorneys" Rick Neifeld, March 11, 2026

However, the real problem is that the DOJ is not an independent agency and the AG is by law under the thumb of the president.  To fix THAT problem, we need a constitutional amendment curbing certain powers of the office of the president, as I noted here:

2025 Articles

"Constitutional Reform to Curb the Power of the President" Rick Neifeld, December 28, 2025

 

Best regards

Rick Neifeld, J.D., Ph.D.

Neifeld IP Law PLLC

9112 Shearman Street, Fairfax VA 22032

Mobile: 7034470727

Email: Richard...@gmail.com; 

This is a confidential and privileged communication.  If you are not the intended recipient, please delete this email and notify the sender you have done so.

--
Patentpractice mailing list
Patentp...@oppedahl-lists.com
http://oppedahl-lists.com/mailman/listinfo/patentpractice_oppedahl-lists.com