Uniform Ethical Regulation of Federal Prosecutors

Abstract

Federal prosecutors are subject to a bewildering array of ethical regulations ranging from state ethical codes to local rules adopted by federal courts to the internal policies of the Department of Justice. The inconsistent and overlapping application of these ethical rules has led to regulatory confusion that has inhibited the development of clear ethical expectations for federal prosecutors. A uniform system of ethical regulation, dividing regulatory authority amongst the Courts, the Department of Justice, and a to-be-created independent ethical review commission should be adopted to ensure the consistent enforcement of federal criminal law.