Maine’s highest court sent a rare letter to the U.S. Department of Justice this month that raised grave concerns about potential federal overreach.
The DOJ in March proposed a new rule that gives the attorney general the right to take control of the “timing, scope, and development of state bars’ misconduct investigations against DOJ attorneys,” according to legal experts. The rule would allow the DOJ to investigate ethics allegations against its own lawyers, without any transparency and while delaying state bar investigations.
That proposed rule raised red flags across the country and within the Maine Supreme Judicial Court. Maine, like other states, has a comprehensive attorney discipline system that is overseen in part by the state’s supreme court.
Maine’s highest justices are “gravely concerned” that the proposed new rule does not respect the separation of powers between the federal and state governments, the court said in a letter dated April 3 and released Tuesday. The court rarely issues such statements.
The U.S. Supreme Court has previously found that states have “extremely important interests” in ensuring lawyers have professional conduct and the states do so with their own boards.
A federal law mandates DOJ lawyers — like those who work for the U.S. Attorney for the District of Maine — are subject to the same standards as state lawyers, the Maine letter said. The DOJ has a right to review conduct of its lawyers, but it should not happen while forcing state reviews to be suspended, the letter said.
“Prompt attention to complaints of attorney misconduct is critical to the protection of the public and to maintaining trust and confidence in the judicial system,” the letter said.
The rule may undermine the “public’s confidence in the courts,” which meant the Law Court felt obliged to submit the letter in opposition.
The Maine Board of Overseers of the Bar also submitted a comment, backing the supreme court’s letter. More than 1 million comments were submitted nationwide to the federal government regarding the proposal.
