OPR's Disclosure Practices

OPR publicly discloses substantial information concerning its work.  Subject to applicable privacy restrictions, OPR releases on its website summaries of concluded investigations, discloses annual compilations of statistical information concerning the complaints it receives and the number of inquiries and investigations it accepts and resolves, and provides information to various individuals and entities outside the Department.  For example, in cases involving findings that implicate a state bar rule, OPR’s findings are generally referred to the appropriate state bar disciplinary authorities.  In cases involving findings that relate to the work of a court, OPR generally will furnish its findings when so requested by the court.  In appropriate circumstances and when properly requested by the chair of a congressional committee, the Department has provided OPR investigative reports to Congress.  In addition, after completing an investigation, OPR provides the complainant with information about the resolution of the complaint.

Summaries and Reports of Investigation

Consistent with its practices and procedures, the Office of Professional Responsibility (OPR) publicly discloses information concerning its investigations as appropriate and to the extent permissible under privacy statutes, regulations, Department policy, and other applicable legal authorities.  Investigations are summarized and posted to OPR’s website. The summaries may be periodically updated to reflect subsequent action and disposition by other entities, such as the Department’s Professional Misconduct Review Unit, the Department’s grievance official, or state attorney disciplinary authorities.  In certain circumstances, such as when the matter is of significant public interest, OPR discloses an appropriately redacted copy of OPR’s report of investigation. 

Information and evidence learned by OPR during its investigation may be excluded from the report of investigation or summary because the information is protected from disclosure by court order, a legal privilege, or grand jury secrecy rules.  In addition, the Privacy Act limits the type and amount of information that federal agencies may publicly disclose concerning personnel actions.  To comply with requirements of the Privacy Act, OPR does not include names or personal identifying information in the summaries of its investigations.  OPR’s summaries use female pronouns in odd-numbered years and male pronouns in even-numbered years regardless of the individual involved.  

Annual Report

OPR publicly releases its Annual Report to the Attorney General.  Those reports include statistical information on OPR’s activities, significant events and developments, summaries of investigations and significant inquiries completed during the fiscal year, and information about OPR’s other work, such as its review of FBI whistleblower retaliation allegations.  Statistical information includes the sources of complaints and allegations; the types of allegations made and resolved; and the number of closed investigations that resulted in findings of professional misconduct or poor judgment.  Consistent with the Privacy Act, OPR’s summaries of matters in its annual reports use female pronouns in odd-numbered years and male pronouns in even-numbered years regardless of the individual involved.  Historical annual reports may contain different nomenclature describing this same practice. 

OPR Policies, Practices, and Procedures

OPR also publicly discloses on its website information concerning its jurisdiction, applicable regulations and other legal authorities, and explanations of its processes for reviewing allegations and conducting investigations.  In addition, OPR discloses the standards it uses to analyze professional misconduct and FBI whistleblower reprisal allegations.