DHS General Counsel Responds to Complaint from 128 Former Judges

<p>DHS General Counsel James Percival has responded to a complaint filed by 128 former judges, urging the Florida Bar to investigate the judges who are members of the Bar after it declined to investigate him. The Bar stated it does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office, a position Percival contends the complainants should have understood before challenging his "Worst of the Worst Judges" series.</p><p>Percival accused the Florida Bar members among the complainants of potentially misusing the disciplinary process for political reasons, labeling their complaint as frivolous and referring to the tactic as "Bar-fare." He stated, "The 128 former judges are sort of an example of a tactic the left has used for a long time," drawing a comparison to the involvement of 51 former intelligence officials in the 2020 Hunter Biden laptop controversy.</p><p>He pointed to the Florida Bar's previous handling of a complaint involving former Attorney General Pam Bondi, suggesting that they have already indicated a refusal to investigate sitting presidential appointees.</p><p>Percival stated, "[W]hat these 128 former judges did was frivolous and they were on notice that it was frivolous because the Florida Bar is very clear about this. So, it's ‘Bar-fare.’" He further argued that similar tactics have been employed in other contexts, including dissent over COVID-19 restrictions.</p><p>In response to the complaint, which was filed by rule-of-law groups including Democracy Defenders Fund and Lawyers Defending American Democracy, Percival emphasized that the allegations against him included violations of Florida's rules governing statements about judges. The complaint accused him of making public attacks on sitting judges, mischaracterizing their rulings, and undermining confidence in the courts.</p><p>Former Florida Supreme Court Chief Justice Peggy Quince led the group of judges who filed the complaint. The complaint specifically focuses on four judges featured in Percival's "Worst of the Worst" posts, whom he accused of actions such as "open defiance of the Supreme Court" and "judicial sabotage." The cases involved disputes over Temporary Protected Status and other legal matters.</p><p>Percival stated that the judges themselves are doing a disservice to the judiciary and argued that they understand their district court rulings can delay executive action when they cannot be immediately appealed. He called for scrutiny of the complainants who are members of the Florida Bar regarding their use of the complaint process for political purposes.</p><p>The Florida Bar provided a response to the complaint, stating that it does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office, as any action could encroach on federal authority. Bar Counsel Christopher Wackes noted that the situation reflects that Percival's actions are having an impact, saying, "[I]f people are this upset about what I'm doing, it must be having an effect that they don't like, which really just encourages me to keep going."</p>