U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 31— THE ATTORNEY GENERAL

28 U.S.C. § 530B

Ethical standards for attorneys for the Government

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(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and in the same manner as other attorneys in that State.(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section.(c) As used in this section, the term “attorney for the Government” includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations and also includes any independent counsel, or employee of such a counsel, appointed under chapter 40.(Added Pub. L. 105–277, div. A, § 101(b) [title VIII, § 801(a)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–118.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 105–277, div. A, § 101(b) [title VIII, § 801(c)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–119, provided that: “The amendments made by this section [enacting this section] shall take effect 180 days after the date of the enactment of this Act [Oct. 21, 1998] and shall apply during that portion of fiscal year 1999 that follows that taking effect, and in each succeeding fiscal year.”

Notes of Decisions
Cited in 85 cases (20 in the last 5 years), 1998–2025 · leading case: United States v. Supreme Court of New Mexico, 839 F.3d 888 (10th Cir. 2016).
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United States v. Supreme Court of New Mexico, 839 F.3d 888 (10th Cir. 2016). · cites it 3× “- Second, in 1998, Congress stepped in and enacted the McDade Act, 28 U.S.C. § 530B, which requires that: (a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in…”
Montejo v. Louisiana, 556 U.S. 778 (2009). · cites it 2× “2 (2008); 28 U. S. C. §530B(a) (making state rules of professional conduct applicable to federal attorneys), and generations of police officers have been trained to refrain from approaching represented defendants, both because Jackson requires it and because, absent direction…”
United States v. Sonya Evette Singleton, Nat'l Ass'n of Crim. Def. Lawyers, Amicus Curiae, 165 F.3d 1297 (10th Cir. 1999). · cites it 3× “This statute strongly suggests that the Congress does not view government attorneys as one with the sovereign, beyond regulation. It is indeed odd that federal prosecutors will soon be expressly subject to State laws and rules regarding professional conduct, yet may continue to…”
Donald K. Stern v. United States Dist. Court for the Dist. of Massachusetts, 214 F.3d 4 (1st Cir. 2000). · cites it 4× “The district court heard argument on October 7, 1998, and took both motions under advisement.”
United States v. Lopez-Avila, 678 F.3d 955 (9th Cir. 2012). · cites it 4× “Kennedy’s “goading” exception to the usual rule that double jeopardy does not bar retrial where a mistrial is granted with the defendant’s consent, and (2) retrial is barred by the Arizona Supreme Court’s interpretation of its state constitutional protection against double…”
United States v. Supreme Court of New Mexico, 824 F.3d 1263 (10th Cir. 2016). · cites it 6× “(e) not subpoena a lawyer in a grand jury or other criminal 5 McDade Act, 28 U.S.C. § 530B, which requires that: (a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney…”
Watkins v. Trans Union, LLC, 869 F.3d 514 (7th Cir. 2017). “” 28 U.S.C. § 530B. However, the Act "should not be construed in any way to alter federal substantive, procedural, or evidentiary law.”
New York State Bar Ass'n v. Fed. Trade Comm'n, 276 F. Supp. 2d 110 (D.D.C. 2003). · cites it 3× “(i) The Citizens Protection Act A good starting point in assessing how Congress has legislated in the past when faced with a federal agency’s attempt to regulate the ethical conduct of attorneys in the face of existing state regulatory schemes is the CPA.”
SER Olen L. York III v. W.Va. Off. of Disciplinary Couns. & W.Va. Lawyer Disciplinary Bd., 744 S.E.2d 293 (W. Va. 2013). · cites it 3× “§ 530B (1998), federal government attorneys, without regard to where they may be licensed, are "subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and in the…”
Jefferson v. Dep't of Just., 284 F.3d 172 (D.C. Cir. 2002). “1-5 ; 28 U.S.C. § 530B, may be investigatory law enforcement files under Rural Housing, 498 F.”
Augustine v. Dep't of Vets. Affairs, 429 F.3d 1334 (Fed. Cir. 2005). · cites it 2× “In 1998, Congress, concerned that government attorneys should abide by state ethics standards, enacted 28 U.S.C. § 530B, which provides: An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State…”
United States v. Elliott, 684 F. App'x 685 (10th Cir. 2017). · cites it 2× “28 U.S.C. § 530B(a) (2012). When the government was investigating Mr.”
Show all 85 citing cases →
28 U.S.C. § 530B(a): 56 cases
Montejo v. Louisiana, 556 U.S. 778 (2009). “2 (2008); 28 U. S. C. §530B(a) (making state rules of professional conduct applicable to federal attorneys), and generations of police officers have been trained to refrain from approaching represented defendants, both because Jackson requires it and because, absent direction…”
United States v. Sonya Evette Singleton, Nat'l Ass'n of Crim. Def. Lawyers, Amicus Curiae, 165 F.3d 1297 (10th Cir. 1999). “This statute strongly suggests that the Congress does not view government attorneys as one with the sovereign, beyond regulation. It is indeed odd that federal prosecutors will soon be expressly subject to State laws and rules regarding professional conduct, yet may continue to…”
United States v. Supreme Court of New Mexico, 839 F.3d 888 (10th Cir. 2016). “- Second, in 1998, Congress stepped in and enacted the McDade Act, 28 U.S.C. § 530B, which requires that: (a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in…”
United States v. Elliott, 684 F. App'x 685 (10th Cir. 2017). “28 U.S.C. § 530B(a) (2012). When the government was investigating Mr.”
United States v. Corvet Williams, 698 F.3d 374 (7th Cir. 2012).
28 U.S.C. § 530B(b): 4 cases
Donald K. Stern v. United States Dist. Court for the Dist. of Massachusetts, 214 F.3d 4 (1st Cir. 2000). “The district court heard argument on October 7, 1998, and took both motions under advisement.”
New York State Bar Ass'n v. Fed. Trade Comm'n, 276 F. Supp. 2d 110 (D.D.C. 2003). “(i) The Citizens Protection Act A good starting point in assessing how Congress has legislated in the past when faced with a federal agency’s attempt to regulate the ethical conduct of attorneys in the face of existing state regulatory schemes is the CPA.”
Ida v. United States, 207 F. Supp. 2d 171 (S.D.N.Y. 2002).
Stern v. Supreme Jud. Cou, No. 99-1839 (1st Cir. Apr. 12, 2000).
28 U.S.C. § 530B(c): 1 case
In Re: Jeffrey B. Clark, Misc. No. 2022-0096 (D.D.C. June 8, 2023).
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