The Maine State Bar Association (MSBA) announced on Apr. 6 its opposition to a proposed U.S. Department of Justice (DOJ) rule that would allow the DOJ to internally review state bar complaints against its attorneys and potentially delay or restrict state disciplinary investigations during that review.
The MSBA said the proposed rule could undermine the authority of states to regulate attorneys, interfere with Maineâs established disciplinary process, and reduce transparency and public confidence in attorney oversight. The association highlighted concerns about indefinite delays, added complexity, and weakened accountability for attorney misconduct without a demonstrated need for federal intervention.
In a letter addressed to Robert Hinchman at the DOJâs Office of Legal Policy, the MSBA wrote: “After careful consideration, the Association has significant concerns regarding the ruleâs potential impact on state authority over attorney regulation, the transparency of disciplinary processes, and the efficient operation of existing systems of professional oversight.” The letter further stated: “A regulatory framework in which attorneys are required to obtain and maintain state licensure, yet are not subject to the timely exercise of disciplinary authority by that same licensing jurisdiction, is fundamentally inconsistent with the structure that governs the regulation of the legal profession.”
According to the official website, the Maine Bar Association is a professional group for attorneys in Maine founded in 1891. It represents nearly 2,800 members across a range of legal fields and operates under a 23-member Board of Governors. The association fosters diversity and inclusion within law practice while aiding community access to justice; it also advances lawyer professionalism and supports an equitable justice system throughout Maine.
The MSBA emphasized that Maineâs current attorney disciplinary system provides comprehensive mechanisms for addressing allegations through independent investigation panels including both lawyers and public members. The association said this process ensures timely accountability while protecting due process rights such as representation by counsel and appeal opportunities before Maine’s Supreme Judicial Court.
“A rule that addresses the possibility of improper complaints by introducing delay into all disciplinary matters risks creating broader harms than the concern it seeks to remedy,” said MSBA in its letter. The association concluded by urging rejection of any federal rules that would override or delay established state procedures.
