In the case of a convicted person’s request to a federal district court for relief from a disability in a particular prohibited capacity, the state or federal prosecuting attorney is entitled to notice and opportunity to appear in any hearing concerning the federal court’s determination that the convicted person’s exempted service would not be contrary to the purposes of the LMRDA and in accordance with the Sentencing Commission’s policy of prior rehabilitation at U.S.S.G. § 5J1.1. Therefore, a United States Attorney's responsibility to appear in an United States district court on behalf of the Federal prosecuting officials who have standing to participate in relief proceedings may be delegated to those Department of Labor attorneys who are given special appointments pursuant to 28 U.S.C. § 543 or Department of Justice attorneys designated by the Assistant Attorney General, Criminal Division. See JM 9-138.160. However, with respect to district court proceedings for relief under ERISA, attorneys appointed by the Secretary of Labor pursuant to ERISA and 29 U.S.C. § 1132(j) are authorized to represent only the Secretary of Labor. See JM 9-138.150.

[updated January 2020]