A conservative legal advocacy group filed a formal bar complaint this week against New York County Democratic District Attorney Alvin Bragg, alleging racially discriminatory hiring practices.
Dan Epstein, America First’s vice president of legal affairs, told Fox News Digital that Bragg’s official website makes it clear that his office encourages hiring practices that give preference to applicants with certain backgrounds.
“We have gathered evidence that his office is very clear about addressing some kind of diversity requirement when it comes to recruiting legal talent — whether you call it ‘racial balance’ or ‘quota,’ and there’s clear evidence that there are further steps to implement that,” Epstein said in an interview Wednesday.
Epstein said in his group’s complaint that such hiring practices not only potentially violate federal law but also run counter to the New York Bar Association’s standards of professional ethics.
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Alvin Bragg speaks at a press conference. (Barry Williams, NY Daily News via Getty)
In a statement announcing the lawsuit, America First Legal said provisions of the state’s Rules of Professional Conduct prohibit “unlawful discrimination” and alleged that Bragg’s firm also violated the New York State Human Rights Law with racially and sexist hiring practices.
For one thing, Bragg’s website says his office “strives to have a legal staff that reflects the diversity of the communities we serve.”
Epstein suggested that this puts policy above constitutionality.
“This is exactly the opposite of what a lawyer, especially a law enforcement lawyer, should be doing,” he said.
In a statement, America First Legal said “it can’t be both true” when it comes to diversity considerations, but that the firm does not discriminate based on such characteristics.
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Epstein also noted that it is not unprecedented for a prominent lawyer to be disbarred for cause, as was the case in Washington, D.C., after Hunter Biden was convicted of violating gun laws.
He said in New York state, the process is handled by the District Complaint Review Board, which Bragg represents in the First Judicial District, which covers Bronx and New York counties.
Epstein said Bragg could face one of three outcomes: no action if the complaint doesn’t meet the standard of a violation, a warning letter or suspension of his law license.
“Not only do we have mandatory disclosure of race, ethnicity and gender, but the hiring portal states that the DA’s office prioritizes diversity, equity and inclusion and is committed to hiring a diverse staff,” Epstein said.
“Giving away things like bonus points or essentially saying, ‘out of two equally qualified candidates, we are going to choose you solely on the basis of your race,’ is discriminatory.”
Epstein added that challenging lawyers and judges for discriminatory practices is not new, pointing to a case filed by America First Legal that was ultimately denied against three judges in the Southern District of Illinois for allegedly encouraging “novice, female and minority” lawyers to argue in court.
The 7th U.S. Circuit Court of Appeals dismissed the case in March.
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Epstein also denied accusations that America First Legal was “targeting” Blagg, who has been maligned by many conservatives over his prosecution of former President Trump.
Instead, America First Legal generally “keeps a close eye” on evidence of discrimination in government prosecutors’ offices, Epstein said.
America First Legal was founded in 2021 by Stephen Miller, a former speechwriter for President Trump and previously served as top adviser to Republican Sen. Jeff Sessions of Alabama.
The New York State Bar declined to comment on the case, saying it is a voluntary bar association and does not get involved in disciplinary actions. Mr. Bragg’s office did not respond to a request for comment.
A representative for the Attorneys’ Complaints Committee told Fox News Digital that “confidentiality agreements prevent us from commenting publicly.”
