Special Appointment of Department of Labor Attorneys in District Court Proceedings Under LMRDA (29 U.S.C. § 504)
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DOJ Justice Manual › Title 9: Criminal › 9-138.000 - Prohibition Against Certain Persons Holding Office And Employment › Justice Manual § 9-138.160
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With respect to disqualifying crimes committed on or after November 1, 1987, the Department of Labor has no litigating authority under the LMRDA with respect to relief proceedings in United States District Court under 29 U.S.C. § 504. As a result, attorneys from the Office of the Solicitor of Labor must be specially appointed by the Department of Justice in order to appear on behalf of the Secretary of Labor. These appointments should be made upon the recommendation of the United States Attorney for the judicial district where the proceeding for relief will be held on a case-by-case basis pursuant to 28 U.S.C. § 543.
[cited in
JM 9-138.170
]
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