ABA: More DOJ Misconduct Info Should Be Public

Posted Aug 9, 2010 4:12 PM CDT

By Edward A. Adams ABA Journal

          The ABA’s policy-making House of Delegates on Monday urged the U.S. Department of Justice to more fully report on its investigations into misconduct by DOJ attorneys. The measure passed by an overwhelming voice vote; no one spoke in opposition.
           Resolution 100A (PDF) calls on the Justice Department to “release as much information regarding completed individual investigations as possible, consistent with privacy interests and law enforcement confidentiality concerns.”
          About a decade ago, the DOJ stopped publishing reports involving trial lawyers’ misconduct, though it continues to issue reports about managerial attorneys’ misconduct in personnel matters and provides yearly statistical reports aggregating information about all its misconduct investigations. “The nonpublic nature of DOJ’s disciplinary determinations deprives the public of information about prosecutors and civil government lawyers who are alleged to have engaged in acts that warrant discipline and about how DOJ responds in such cases,” according to the report that accompanied the resolution.
          I.F.F.O.C. realizes that this is in contradiction with the order President Obama passed that government officials will be transparent, and no longer hide behind secrecy. The taxpayers pay there salaries and have a right to know if their actions whether it be good or bad. See Resolution 100 A Below:

ADOPTED Resolution 100 A

AMERICAN BAR ASSOCIATION

CRIMINAL JUSTICE SECTION

SECTION OF LITIGATION

STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE

REPORT TO THE HOUSE OF DELEGATES

RECOMMENDATION

RESOLVED, That the American Bar Association urges the United States Department of Justice (the “Department”) to:


a) continue in its commitment to investigate allegations of professional misconduct on the part of the Department’s lawyers;

(b) release as much information regarding completed individual investigations as possible, consistent with privacy interests and law enforcement confidentiality concerns;

(c) publish annual reports of completed investigations that inform the public of conduct by government lawyers found to be proper or to constitute a violation of the rules of professional conduct; and

(d) report any violation of the rules of professional conduct to appropriate disciplinary authorities of the jurisdictions where the involved lawyer is admitted to practice.