The Florida Bar has formally rejected a push by left-wing advocacy groups and more than 100 former judges to investigate a Department of Homeland Security lawyer for publicly criticizing federal judges, according to a letter obtained by Fox News’ Bill Melugin.
In an Aug. 18 letter, the bar declined to open a disciplinary probe into DHS General Counsel James Percival, stating that it does not “investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office.” The organization added that such an action “could encroach on the authority of the federal government concerning these officials and the exercise of their duties.”
Complaint Stemmed from Social Media Posts
The complaint, filed by the Democracy Defenders Fund (DDF), Lawyers Defending American Democracy, and 128 former state and federal judges, centered on a July 23 X thread in which Percival described what he called overreaching actions by rogue judges in several immigration-related cases involving the administration. The groups alleged that Percival’s posts and related media commentary “constitute[d] serious professional misconduct,” and accused him of threatening the rule of law and increasing the risk of violence against judges.
The Federalist previously reported on the complaint, which marked the latest escalation in what critics describe as “barfare” — the use of professional disciplinary mechanisms to target conservative lawyers.
Florida AG Urged Dismissal
Florida Attorney General James Uthmeier had urged the bar to dismiss what he called the “meritless” complaint. In a statement, Uthmeier argued that attorneys should not face professional discipline for voicing sharp criticism of judicial rulings.
“Preserving judicial integrity does not require silencing sharp criticism,” Uthmeier wrote. “Judges who are faithful to the Constitution and render high-quality legal opinions do not need to suppress disagreement. But when the courts routinely exceed their authority, misapply the law, and produce destructive results, no attorney should be required to remain silent under threat of professional discipline.”
The Florida Bar agreed, declaring the matter “closed as of the date of this letter.” It noted that the complainants could refile once Percival “no longer serves in such a position.”
Percival Celebrates Dismissal
Percival responded to the news with a meme on X, posting an image of his face superimposed on the body of Gandalf the White from The Lord of the Rings, with the caption: “Me after defeating 128 former judges.”
The dismissal is the latest victory for conservative lawyers facing disciplinary actions. In recent years, similar complaints have been filed against attorneys including John Eastman, Jeff Clark, and Texas Attorney General Ken Paxton, all of whom have been targets of what critics call politically motivated bar complaints.
The Florida Bar’s decision signals a reluctance to wade into disputes involving federal officials, even when the criticism is sharp and public. Legal observers say the ruling could set a precedent for how state bars handle complaints against federal lawyers who engage in political commentary.
The left-wing groups behind the complaint have not indicated whether they will pursue alternative avenues. The bar’s letter leaves the door open for future action once Percival leaves office, but for now, the attempt to discipline him has been firmly rejected.
Source: thefederalist.com — https://thefederalist.com/2026/08/31/florida-bar-rejects-leftist-scheme-to-probe-dhs-attorney-for-criticizing-rogue-judges/