THE LUSTER of the Department of Justice faded under President Bush. While there were certainly successes, even those were colored by allegations of politicization, result-oriented lawyering, and sagging morale. Bush's mid-term firing of US attorneys and the hiring by political litmus test are the most visible signs that all is not well at the Justice Department.
Yet, this is a time when a professional and credible Department of Justice is critically important. The demands of a post-9/11 world, corporate scandals, and rising crime rates require that Eric Holder, expected to be confirmed as attorney general next week, take steps to right the scales of justice. Issues such as military tribunals, wiretapping, and the "torture" memo have received the most public attention.
But, there are other systemic issues to address:
Positive Leadership. The attorney general sets the tone for the department, not just in Washington but for those lawyers in the US attorney's offices throughout the nation and for the various enforcement agencies (such as the FBI). Morale among career prosecutors is about as low as it gets. The attorney general must make clear that a clear-eyed view of the facts and the law matters above all else. Politics and political ideology must be left at the front door.
Personnel. Working for the department has long been considered a prize opportunity, a place where the best legal talent could work for the best "law firm" in the nation. That is, until recently. Without demeaning the many fine attorneys who worked for the department over the last eight years, some hiring was based on pure ideology, not competence. These attorneys were hired because they were "real Americans" or were "loyal Bushies." Such practices have no place in a department of justice.
Priorities. Protecting the United States from attack will remain the number one priority, as it should. But this has resulted in a narrow focus, at the expense of other important priorities, such as financial crimes and civil rights. A hard look at how the department is using its resources is necessary. It must walk and chew gum at the same time.
Support of local law enforcement. There has been a significant increase in violent crime in many cities, a reversal from what was a dramatic trend during the Clinton/Reno years. While the reasons are complex and fueled by demographics and other factors, it is still unacceptable. Boston dramatically brought down the murder rate in the 1990s. Although it was dubbed the "Boston Miracle," it was not the result of divine intervention. It was a data-based approach that involved the coordination of the entire law enforcement community. It included focused federal law enforcement, an offering of social programs, and direct assistance to local law enforcement.
National gun and drug prosecution numbers are up. But, these cases often represent law enforcement "by the numbers," and not a targeted, strategic approach. And, the policy has been to always seek the longest sentence, without regard to using cases to go up the food chain in order to take out the leadership of violent organizations. Just as important, the strategy has failed to support social service alternatives and directly assist local police departments in areas other than homeland security. What is needed is the institutionalized and sustained support of a community-based approach to fighting crime.
Less main justice. The local US attorneys offices, filled with talented attorneys, usually understand local problems and issues better than Washington. Yet federal prosecutors typically have been required to follow one-size-fits-all sentencing recommendations, charging decisions, and plea agreements. Some measure of uniformity makes sense. But taking away the discretion to tailor prosecution decisions to fit the particular facts does not serve the interests of justice and undermines credibility in the courtroom.
Reaching out. There is considerable repair work needed with various interests directly affected by the department. Whether it be Congress, the judiciary, the organized bar, the business community, or civil rights groups, a genuine dialogue can only help. The problems in the justice system, as elsewhere, loom too big to go it alone.
Donald K. Stern is a partner in Cooley Godward Kronish, LLP, and a former US attorney in Massachusetts. 
