Florida Bar rejects judges' ethics complaint over DHS lawyer's social media posts
The Florida Bar has rejected an ethics complaint filed by 128 retired federal and state judges against James Percival, the general counsel of the U.S. Department of Homeland Security. (Photo from the U.S. Department of Homeland Security)
The Florida Bar has rejected an ethics complaint filed by 128 retired federal and state judges against the general counsel of the U.S. Department of Homeland Security.
The jurists, along with the Democracy Defenders Fund and the Lawyers Defending American Democracy, filed the complaint Aug. 18 over general counsel James Percival’s social media posts about the “worst of the worst” judges who ruled against the Trump administration’s policies. They alleged that Percival’s posts “not only constitute serious professional misconduct, but they threaten the rule of law and increase the risk of violence against judges.”
Specifically, they alleged that Percival violated Florida Rule of Professional Conduct 4-8.2(a), which bars lawyers from impugning the qualifications and integrity of judges or other officers.
But according to MS NOW, the Florida Bar rejected the request in a letter dated Aug. 28.
“The Florida Bar does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office,” bar counsel Christopher Wackes reportedly wrote in a letter. “Such proceedings by the Florida Bar, as an arm of the Florida Supreme Court, could encroach on the authority of the federal government concerning these officials and the exercise of their duties.”
Wackes also said the complaint is formally closed, but it could be refiled after Percival leaves office, MS NOW reports.
See also:
Judges urge Department of Homeland Security lawyer to remove social media posts targeting judiciary
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