Mission. Where OPR has made findings of attorney professional misconduct, those findings are referred to the Department’s Professional Misconduct Review Unit (PMRU). Pursuant to a memorandum issued separately by the Deputy Attorney General, the PMRU evaluates any findings of professional misconduct by OPR and, where appropriate, issues fair, timely, and consistent disciplinary decisions for current Department attorneys. The PMRU also authorizes referrals to the appropriate bar authority when OPR or the Office of the Inspector General (OIG) has found that a current or former Department attorney engaged in conduct during his or her tenure with the Department that implicates a rule of professional conduct.

Authority of the PMRU. The PMRU has authority to handle disciplinary matters involving career Department attorneys. The PMRU has no authority to adjudicate disciplinary actions in misconduct cases pertaining to non-career attorneys (whether appointed by the President with Senate confirmation, or otherwise politically appointed), unless that authority is specifically delegated by the Attorney General or Deputy Attorney General. The PMRU Chief has authority in his or her discretion to choose not to sustain findings of misconduct referred to the PMRU, although OPR and the OIG have the right to appeal such decisions to the Deputy Attorney General. The PMRU Chief also has the authority in his or her discretion to include in the PMRU disciplinary decision any poor judgment findings in reports of investigation that are closely related to the professional misconduct findings referred to the PMRU. Closely related findings are those findings that arise from the same report of investigation, are made against the same individual, and are based on the same or substantially similar conduct. The PMRU Chief's disciplinary authority includes the authority to resolve or authorize the resolution of any disciplinary action pending before the PMRU without the PMRU reaching a final decision on the merits of the action. In most matters, the PMRU Chief will both propose and decide discipline. In the most serious matters, an attorney experienced in the disciplinary process will propose discipline, and the PMRU Chief will issue a decision on the proposed discipline. Attorneys subject to discipline of less than a 15-day suspension have the right to grieve the discipline with a grievance official. Attorneys subject to a discipline of more than a 14-day suspension up to removal have the right to appeal to the Merit Systems Protection Board. In all of its actions, the PMRU will operate in accordance with the due process requirements established in 5 U.S.C. §§ 7500 et seq., and 5 C.F.R. Part 752.

Bar Referrals. The PMRU has the authority to authorize OPR to make bar referrals for all current and former Department career attorneys, and all non-career attorneys except those appointed by the President (with or without Senate confirmation). At the conclusion of any final disciplinary action by the PMRU, or when the OIG has concluded that a current Department attorney engaged in misconduct, if there is a final determination that a subject attorney committed professional misconduct implicating a rule of professional conduct or when the PMRU Chief otherwise determines that a rule of professional conduct so requires, the PMRU Chief will direct OPR to refer the subject attorney to the appropriate bar authority or authorities. For former Department attorneys, the PMRU Chief will, after receiving an OPR or OIG report of investigation finding misconduct, issue a letter advising the subject attorney of the misconduct findings and informing the subject attorney of the right to submit an objection to OPR’s or the OIG's findings. After receipt of an objection, if any, the PMRU Chief will determine if the matter will be referred to the appropriate bar authority under the same procedures and standards as for Department attorneys.

The Authority of the Deputy Attorney General. The Deputy Attorney General reserves the authority to designate individuals outside of the PMRU to serve as proposing, deciding, or grievance officials in all disciplinary matters, including those involving findings of professional misconduct by OPR, or to personally serve as the proposing, deciding, or grievance official. The Deputy Attorney General also reserves the right to designate an acting PMRU Chief.

[updated December 2022]