Florida Bar declines ethics complaint against DHS general counsel, prompting counter-scrutiny call

The short version

• The Florida Bar declined to investigate an ethics complaint against Department of Homeland Security General Counsel James Percival, citing a policy against probing sitting federal constitutional appointees.
• A coalition of 128 former federal and state judges, along with legal advocacy groups, filed the 24-page complaint alleging Percival's "Worst of the Worst" series improperly attacked sitting judges.
• Following the dismissal, Percival urged the Florida Bar to scrutinize the complainants who are Bar members, characterizing the filing as a frivolous and politically motivated abuse of the process.
• The Florida Bar has not indicated whether it will evaluate Percival's counter-allegations against the complainant attorneys.

Key facts

• The Florida Bar declined to probe an ethics complaint against DHS General Counsel James Percival, stating it does not investigate or prosecute sitting U.S. constitutional appointees while in office to avoid encroaching on federal authority.[Fox News]
• The 24-page complaint was filed by 128 former federal and state judges, alongside the Democracy Defenders Fund and Lawyers Defending American Democracy, led by former Florida Supreme Court Chief Justice Peggy Quince.[Fox News]
• The complaint alleged that Percival violated Florida legal ethics rules by mischaracterizing rulings and publicly attacking the integrity of sitting judges in his "Worst of the Worst" series.[Fox News]
• Percival called on the Florida Bar to scrutinize signers of the complaint who are Bar members, labeling the action frivolous "Bar-fare" intended to abuse the disciplinary system.[Fox News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.

• Top DHS lawyer turns tables on 128 ex-judges after Bar declines ‘Worst of Worst’ complaintFox News