Florida Attorney General urges bar to drop complaint against DHS lawyer

Florida Attorney General James Uthmeier wrote to bar chief Joshua Doyle demanding that the Florida Bar reject a complaint lodged by the Democracy Defenders Fund and Lawyers Defending American Democracy against Department of Homeland Security General Counsel James Percival. The activists, together with 128 former federal and state judges, claimed Percival’s July 23 X post labeling certain judges as “rogue” constituted serious professional misconduct and threatened the rule of law.

Uthmeier described the filing as a shameless publicity stunt, noting that only three of the signatories had served on Florida benches. He emphasized that Percival’s commentary was grounded in specific judicial actions and that ethical rules aim to preserve public confidence, not silence criticism of judges. The attorney general urged the bar to apply rule 4-8.2(a) and recognize that criticizing government officials, including judges, is not misconduct. The dispute follows a pattern of activist complaints targeting conservative lawyers.