A Response to the DOJ
by
Noel Brady
The WSBA Board of Governors held a special meeting on April 1, 2026, to discuss a rule proposed by the Department of Justice (DOJ) that would authorize the U.S. Attorney General to thwart state ethics inquiries involving DOJ attorneys.
If adopted, the DOJ would have the right to displace state ethics investigations with its own internal enforcement mechanisms. The rulemaking process was open to receive public comments through April 6, 2026.
The Board voted to submit a comment in opposition, which stated in part: “The proposed rule is unwise, unnecessary, and unconstitutional.” The Washington Supreme Court also has submitted a comment in opposition.
