[Title 28 CFR G]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart G 2 - Office of Professional Responsibility]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12009-07-012009-07-01falseGSubpart G 2JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
            Subpart G	2_Office of Professional Responsibility

    Source: Order No. 2835-2006, 71 FR 54414, Sept. 15, 2006, unless 
otherwise noted.



Sec. 0.39  Office of Professional Responsibility.

    The Office of Professional Responsibility (DOJ-OPR) shall be headed 
by a Counsel, who shall be appointed by the Attorney General and subject 
to the general supervision and direction of the Attorney General or, 
whenever appropriate, the Deputy Attorney General.



Sec. 0.39a  Functions.

    (a) The Counsel shall:
    (1) Receive, review, investigate and refer for appropriate action 
allegations of misconduct involving Department attorneys that relate to 
the exercise of their authority to investigate, litigate or provide 
legal advice, as well as allegations of misconduct by law enforcement 
personnel when such allegations are related to allegations of attorney 
misconduct within the jurisdiction of DOJ-OPR;
    (2) Receive, review, investigate and refer for appropriate action;
    (i) Any allegation of reprisal against an employee or applicant who 
discloses information pursuant to paragraph (a)(1) of this section; and
    (ii) Allegations of reprisal taken against any Federal Bureau of 
Investigation employee for disclosing information pursuant to 28 CFR 
27.1;
    (3) Report to the responsible Department official the results of 
inquiries and investigations arising under paragraphs (a)(1) and (2) of 
this section, and, when appropriate, make recommendations for 
disciplinary and other corrective action;
    (4) Refer any allegation not arising under paragraphs (a)(1) or (2) 
of this section to the Inspector General or another appropriate 
Department official;

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    (5) Notify any person who has made allegations pursuant to 
paragraphs (a)(1) or (2) of this section and any person who was the 
subject of such allegations of the completion and, as appropriate, the 
results of, any inquiry or investigation undertaken, where such 
notification is permitted by law and consistent with the law enforcement 
interests of the Department;
    (6) Engage in liaison with the bar disciplinary authorities of the 
states, territories, and the District of Columbia with respect to 
professional misconduct matters;
    (7) Submit an annual report to the Attorney General summarizing the 
work of the Office;
    (8) Submit recommendations to the Attorney General and the Deputy 
Attorney General on the need for changes in policies and procedures that 
become evident during the course of the Counsel's inquiries and 
investigations;
    (9) Review proposals from Department employees to refer to 
appropriate licensing authorities apparent professional misconduct by 
attorneys outside the Department, and make such referrals where 
warranted, except that referrals made pursuant to 8 CFR 1003.106(d) do 
not require the Counsel's review; and
    (10) Perform any other responsibilities assigned by the Attorney 
General or the Deputy Attorney General.
    (b) For the purpose of paragraph (a)(2)(i) of this section, any 
disclosure by an employee or applicant to a supervisor, Professional 
Responsibility Officer, the Office of Professional Responsibility, the 
Office of the Inspector General, the Executive Office for United States 
Attorneys, or other appropriate individual or component shall constitute 
disclosure to the Attorney General or the Counsel.



Sec. 0.39b  Confidentiality of information.

    The Counsel shall not disclose the identity of any person submitting 
an allegation of misconduct or reprisal pursuant to 28 CFR 0.39a(a)(1) 
or (2) unless the person consents to the disclosure of his identity or 
the disclosure is necessary to carry out the authority of the Office of 
Professional Responsibility, including conducting an investigation or 
referring the allegation to another component.



Sec. 0.39c  Relationship to other departmental units.

    (a) Primary responsibility for assuring the maintenance of the 
highest standards of professional responsibility by Department employees 
rests with the heads of the offices, divisions, bureaus, and boards of 
the Department.
    (b) The heads of the offices, divisions, bureaus, and boards shall 
assure that any judicial finding of misconduct or serious judicial 
criticism relating to the duties described in Sec. 0.39(a)(1), or any 
nonfrivolous allegation of serious misconduct concerning an employee in 
their component and relating to those duties, is reported to the 
Counsel.
    (c) The heads of the offices, divisions, bureaus, and boards shall 
provide information and assistance requested by the Counsel in 
connection with any inquiries or investigations conducted by the Counsel 
or by the Counsel's staff. As set forth in part 45, all Department 
personnel, including the subject(s) of any inquiry or investigation, 
shall cooperate fully with any investigation conducted by the Counsel or 
his designee.