The Citizen Protection Act (CPA) a/k/a McDade Law

On October 21, 1998 The Citizen Protection Act (CPA) HR 3396 was passed as Section 801 of the Omnibus Appropriations bill. It was a watered down version from its original language, due to intense lobbying by the US Department of Justice.

The Original Passed Bill

The Final Version (From

NACLD 8/5/98 Tighter Ethics for U.S. Prosecutors

NACLD 10/21/98 DOJ Lawyers Must Obey the Law

CPA 9/02/99 Fordham University

CPA 12/98 Current Developments in Legal Ethics:

 The Office of Professional Responsibility (OPR) was given the Responsibility to enforce the new law

On October 21, 1998, SEC. 530B(a), of Title 28, (The Citizen Protection Act) became law. It is entitled, "Ethical standards for attorneys for the Government" and mandates:

"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 of that State, ".

This selection applies to all U.S. Attorneys and their assistants [AUSA's}. These ethical standards protect both the accused and the criminal justice system. As per Judge Burciaga:

"[We] must understand ethical standards are not merely a guide for the lawyer's conduct, but are an integral part of the administration of justice. Recognizing a Government lawyer's role as a shepherd of justice, we must not forget that the authority of the Government lawyer does not arise from any right of the Government, but from power entrusted to the Government. When a Government lawyer, with enormous resources at his or her disposal, abuses this power and ignores ethical standards, he or she not only undermines the public trust, but inflicts damage beyond calculation to our system of justice. This alone compels the responsible and ethical exercise of power," Matter of Doe, 801 F. Supp. At 479-80.

 Founding Fathers of the CPA

The Hon. John Murtha
U.S. House of Representatives
2423 Rayburn House Office Bldg
Washington, D.C. 20515
Phone: 202-225-2065

Rep. Joseph McDade (R-PA)
No Longer in Congress

House Judiciary Committee Chairman
The Hon. Henry Hyde
U.S. House of Representatives
2110 Rayburn House Office Bldg
Washington, D.C. 20515
Phone: 202-225-4561