2024 Investigative Summary 5

Investigation of Unauthorized Person in the Grand Jury

An AUSA reported to OPR that his active bar membership had previously been suspended for five days because he failed to timely complete his bar membership’s CLE requirement.  OPR investigated 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 courses to meet his bar membership’s CLE 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 Department attorney and member of the bar, and his familiarity with the Department’s bar membership policy, that his failure to complete the CLE requirement involved a substantial likelihood that he would violate the Department’s bar membership policy.  The matter is pending before the PMRU.