Department of Justice

The Department of Justice states that its attorneys should be held to the highest ethical standards; but Congress, judges, and the media have voiced concerns about the professionalism and conduct of some attorneys at Justice. As a result, GAO reviewed Justice's Office of Professional Responsibility (OPR), which is responsible for investigating allegations of misconduct involving Justice attorneys. GAO determined: (1) how OPR conducts its inquiries; (2) the extent of OPR's workload and budget; (3) the range of disciplinary action and procedures if misconduct is found; (4) OPR's oversight relationship with other Justice components; and (5) the extent to which OPR implemented GAO's earlier recommendations. GAO found that OPR is following its procedures and internal controls for conducting inquiries into allegations of misconduct by Justice attorneys. OPR's workload and the number of staff have remained fairly level during the past four fiscal years. Administrative disciplinary actions for professional misconduct can range from an oral reprimand to termination of employment. Justice OPR monitors the investigative activities of the OPRs for FBI and DEA and relies on their monthly status reports to stay abreast of their activities in their 1992 and 1994 reports.

GAO noted that: (1) with regard to how OPR conducts its inquiries of allegations of misconduct involving Justice attorneys, OPR is to initially notify the attorney of the allegations and request a written response to the charges; (2) on the basis of the response, OPR is then to determine whether further investigation is necessary; (3) if further investigation is determined to be warranted, OPR is to interview relevant individuals and analyze necessary documentation; (4) after completing its investigation, OPR is to prepare a report of its findings and, if appropriate, include a recommended range of possible disciplinary actions; (5) if the matter appears to involve a violation of a criminal law, OPR is to refer the matter to Justice's Public Integrity Section or the appropriate U.S. Attorney's office; (6) with respect to OPR's workload, the number of authorized staff has remained fairly level at 33 to 35 over the past 4 fiscal years; (7) the authorized funding levels have risen from $3.8 million in 1997 to $4.2 million in 2000; (8) administrative disciplinary actions that can be taken when professional misconduct is found can range from an oral reprimand to termination of employment, depending on the circumstances of each case; (9) it is the responsibility of the head of the office where the attorney works to impose final disciplinary action and report to OPR on what action was taken; (10) Justice OPR is also responsible for overseeing the operations of two other Justice components, the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI); (11) these agencies have established their own OPRs, which are tasked with investigating allegations of misconduct by employees in their respective agencies; (12) Justice OPR relies on FBI and DEA monthly status reports which show the number of matters opened and the disposition of closed matters, to stay abreast of their activities; (13) in response to recommendations in GAO's 1992 report, OPR has established written investigative procedures; (14) in response to the findings contained in GAO's 1994 report, the Attorney General issued an order clarifying the jurisdiction for both OPR and Justice's Office of the Inspector General; (15) with respect to Hyde Amendment cases, nine matters have been in various stages of investigation or inquiry and one had been closed by OPR on June 11, 2000; and (16) regarding implementing the Citizens Protection Act, OPR evaluates the subjects' conduct by applying the most stringent rules of either the state bar association where the subject is licensed or the state where the case took place.