The Bar Association of Erie County (“BAEC” or “Association”) stands in opposition to the proposed rule 28 CFR Part 77 which would exempt Department of Justice (“DOJ”) attorneys from the long-established ethical rules and discipline governing all attorneys admitted in New York.

The BAEC is a voluntary association of approximately three thousand lawyers, located in Buffalo, New York and founded in 1887. The BAEC’s vision is to achieve excellence in the practice of law and the pursuit of justice. The BAEC’s values include respect for the Rule of Law, civility, inclusion, integrity, leadership, and equity. Pursuant to 22 NYCRR§ 1020.6, at the request of the Appellate Division, Fourth Department, the BAEC Grievance Committee resolves minor attorney grievances and refers more serious disciplinary matters to the Appellate Division for resolution. Proper and fair attorney discipline and oversight are core values of the Association. BAEC membership includes lawyers that practice in the private sector as well as those working in government and nonprofit legal services.

Presently, all attorneys admitted in New York State, no matter where or by whom employed, are subject to the same stringent ethical standards and disciplinary rules. The New York State Courts govern the admission of attorneys to practice in New York and establish the rules by which all attorneys are governed. It is the Courts of this state which alone establish and administer the appropriate processes and discipline when those rules are violated. These standards do not change based upon where, or by whom, the attorney is employed. Neither the federal government nor the Department of Justice should be permitted to override this State’s ethical standards for its attorneys, nor may they deprive the State of its right, and obligation, to govern the conduct of its duly admitted attorneys.

The present system for addressing attorney discipline is essential for ensuring the integrity of the legal profession and public confidence in access to justice and the delivery of legal services.

The proposed rule is contrary to both federal law and U.S. Supreme Court precedent. All efforts by the DOJ to ignore the importance of New York’s ethical standards and rules of professional conduct must be rejected.