McDade-Murtha Amendment: A Sketch of Legislation in the 107th Congress Concerning Ethical Standards for the Justice Department Litigators (CRS Report for Congress)
| Release Date |
Dec. 21, 2001 |
| Report Number |
RS21092 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The McDade-Murtha Amendment, 28 U.S.C. 530B, instructs Department of Justice litigators to
adhere to the ethical standards which apply to other attorneys in the places where the litigators
perform their duties. While supporters argue the Amendment is the only existing, effective means of
preventing and punishing prosecutorial abuse, critics contend that the Amendment impedes effective
federal law enforcement. Twice in the last year, the Senate has passed legislation that included
sections substantially modifying the amendment, but in each instance the modifications have been
stripped out of the host legislation prior to its passage. This is a discussion of those sections and
other similar proposals introduced in the 107th Congress. It is an abridged version of McDade-
Murtha Amendment: Legislation in the 107th Congress Concerning Ethical Standards for Justice
Department Litigators , CRS Report RL31221(pdf) (Dec. 18, 2001), without its footnotes or
appendix.
For more detailed background information, see, McDade-Murtha Amendment:
Ethical Standards for
Justice Department Attorneys , CRS Report RL30060(pdf) (Dec. 18, 2001).
