2024 Investigative Summary 5

Investigation Of Alleged Failure To Maintain Active Bar Membership

An Assistant U.S. Attorney (AUSA) reported to OPR that the AUSA’s only active bar membership had previously been suspended for about five days because the AUSA failed to timely complete his bar membership’s continuing legal education requirement.  OPR conducted an investigation and concluded that the AUSA committed professional misconduct by acting in reckless disregard of his unambiguous obligation under Department policy to continuously maintain an active bar membership in at least one state, a territory, or the District of Columbia, while employed as a Department attorney.  OPR found that the AUSA knew he needed to complete additional continuing legal education credits to meet his bar membership’s continuing legal education requirement and that his failure to do so would result in a suspension of his license.  OPR found that the AUSA should have known, based on his many years as a member of the bar and Department attorney and his familiarity with the Department’s bar membership policy, that his failure to complete the continuing legal education requirement involved a substantial likelihood that he would violate the Department’s bar membership policy.

The matter was referred to the Professional Misconduct Review Unit, which affirmed OPR’s analysis and conclusions and imposed a three-day suspension.