New York State Bar Association Opposes Rule Exempting Department of Justice Attorneys From Independent Disciplinary Process
3.23.2026
New York State Bar Association President Kathleen Sweet has submitted formal comments opposing the Attorney General’s proposed rule that would exempt DOJ attorneys from independent oversight by state courts and disciplinary bodies, undermining longstanding ethical safeguards.
In a letter to the Attorney General, NYSBA warned that the proposed rule violates federal law.
“NYSBA’s position is clear: government attorneys must be held to the same ethical standards and independent review as every other lawyer,” Sweet said. “The proposal risks the erosion of public trust in the justice system.”
The association emphasized that federal law requires DOJ attorneys to follow state rules of professional conduct and argued the proposal is inconsistent with that mandate. NYSBA also cautioned that allowing an agency to oversee complaints against its own attorneys creates an inherent conflict of interest and politicizes the disciplinary process.
The full comment letter is available here.
