April 3, 2026

Comment of the Minnesota Lawyers Professional Responsibility Board
Submitted through: https://www.regulations.gov

RE: Department Of Justice – Office of Attorney General
Docket No. OAG199

Comment to Proposed Rulemaking Review of State Bar Complaints and Allegations against Department of Justice Attorneys

The Minnesota Lawyers Professional Responsibility Board is part of the Judicial Branch of the government of the State of Minnesota. The Board’s members are appointed by and accountable to the Minnesota Supreme Court. The Board is responsible for administering the Minnesota Rules on Lawyers Professional Responsibility, “for establishing the policies that govern the lawyer discipline and disability system, and for providing recommendations and guidance to the Director [of the Office of Lawyers Professional Responsibility] regarding the operations of the Office of Lawyers Professional Responsibility.” Rule 4(a), Minn. R. Lawyers Prof. Resp. As part of those duties, the Board can issue opinions on the attorney-regulation system and lawyers’ professional conduct. Rule 4(c), RLPR. It is with that background that the Board provides the following comment on the proposed rulemaking.

For many of the reasons explained in the March 25, 2026, comment of the National Organization of Bar Counsel, the Board opposes the proposed amendments to 28 C.F.R. Part 77. The Board agrees with the NOBC that “the rule proposal unlawfully and unconstitutionally intrudes on state authority to enforce state discipline rules” and that the proposed amendments “would materially interfere with the public protection function of state disciplinary authorities.” NOBC Comment at 1-10 (citation amended). The Board takes no position on NOBC’s rationales III and IV.

The Board felt this comment was necessary given the scope of Minnesota’s attorney-regulation system. Lawyers licensed in Minnesota are subject to the Minnesota Supreme Court’s regulatory authority regardless of where the lawyer’s conduct occurs. Minn. R. Prof. Cond. 8.5(a). “A lawyer not admitted in [Minnesota] is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction.” Id. The proposed amendments would substantially and unconstitutionally interfere with that authority.

The Minnesota Lawyers Professional Responsibility Board opposes the proposed amendments to 28 C.F.R. Part 77. This comment expresses the position of the Board and not necessarily that of any of its individual members.

Respectfully submitted,

Minnesota Lawyers Professional Responsibility Board

LPRB – Complete Comments