DOJ to Start Hiring Prosecutors Directly Out of Law School (1)

The Justice Department has waived a policy requiring newly hired federal prosecutors to possess at least one year of experience practicing law, as US attorneys’ offices struggle to find qualified replacements following mass departures.

Many offices have previously adopted their own rules mandating at least three years of legal practice, rather than the nationwide baseline threshold of one year. But the reduced standards this month were implemented in federal districts such as Minnesota and Southern Florida that have experienced significant attrition to put new prosecutors to work straight out of law school.

The move was confirmed by two people familiar with the matter and reflected in newly-posted online vacancy announcements in at least a handful of offices.

In a March 13 message with the subject line, “Suspension of Attorney One Year Experience Requirement,” DOJ headquarters informed US attorneys’ offices that the department’s lawyer recruitment office now permits them to exclude the one-year minimum when advertising vacancies. The memo reviewed by Bloomberg Law goes on to state, “This suspension is in effect until February 28, 2027, and was implemented due to an exigent hiring need for attorneys across the Department.”

There are now public postings for assistant US attorney openings in Minnesota, South Florida, Montana, Alaska, and Louisiana that list a law degree and active state bar membership as required qualifications. They don’t mention a minimum period of service, while other US attorney’s offices still mandate at least one or three years out of law school.

“Under the leadership of Attorney General Bondi and Deputy Attorney General Blanche, this Department of Justice is proud to empower young and passionate prosecutors and offer attorneys at every level the opportunity to invest their talents into keeping their communities safe, including from the predators the previous administration welcomed with open arms,” said a DOJ spokesperson in a statement.

The policy shift comes as federal prosecuting offices across the US have faced challenges meeting court deadlines in immigration proceedings and as judges have increasingly criticized the quality of DOJ attorneys’ legal work.

In January, former DOJ chief of staff Chad Mizelle asked lawyers who support President Donald Trump to message him directly on social media if they’re interested in becoming AUSAs.

The department has previously exempted applicants from the one-year experience rule if they were hired through the attorney general’s honors program—an entry-level talent pipeline for elite new lawyers—or as uncompensated special assistant US attorneys. But the March policy revision has a potentially much further reach, as current and former DOJ supervisors have said they’re observing a sharp decline in the volume of resumes they’re reviewing in recent months for what have long been highly coveted positions.

A person familiar with the administration’s thinking said less-seasoned prosecutors are more likely to juggle multiple cases and work longer hours because they don’t have family commitments.

Rookie lawyers can also start on less complex drug and gun cases, while gaining knowledge serving as second or third chairs for more veteran attorneys on difficult fraud and racketeering trials, added the individual, who like others was granted anonymity—either because they’re not permitted to speak with the press or they fear retaliation.

Minnesota, Miami

The Minnesota vacancy that excludes a legal service requirement is for the office’s civil division, which is among the many US attorneys’ civil units inundated by the recent surge in habeas petitions from detained immigrants who’ve been denied bond hearings.

A federal judge held one of the Minnesota office’s attorneys in civil contempt last month over his handling of one such case, as judges in other districts are increasingly contemplating DOJ attorney discipline.

In the Miami-based South Florida district, US Attorney Jason Reding Quiñones has advanced Trump-aligned initiatives such as grand jury investigations into those involved in past cases against the president.

The Trump Justice Department has tried other ways to backfill short staffed US attorneys’ offices, such as recruiting “emergency jump teams” that transfer prosecutors to nearby districts for short-term surges and bolstering the number of military lawyers taking details as line prosecutors.