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DHS General Counsel Pushes Back on Bar Complaint from Former Judges

9/5/2026, 2:04:07 AM

Core Dispute

James Percival, the Department of Homeland Security’s General Counsel, responded to a 24-page complaint filed by the Democracy Defenders Fund, Lawyers Defending American Democracy, and a coalition of 128 former federal and state judges. The complainants alleged that Percival, a Florida-licensed attorney, violated state ethics rules by publicly attacking sitting judges in a series titled “Worst of the Worst.” Percival turned the complaint back on its signers, urging the Florida Bar to examine whether the bar-member judges misused the disciplinary process for partisan purposes.

Background & Context

“judicial sabotage,” and “judicial micromanagement” in cases involving Temporary Protected Status, DHS use-of-force policies, and other immigration matters. The Florida Bar declined to open an investigation, citing its policy that it does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they remain in office. Percival argued that the complainants should have been aware of this limitation before filing.

Official Statements & Responses

Former Florida Supreme Court Chief Justice Peggy Quince, an appointee of former Governor Lawton Chiles, led the judges’ consortium that filed the original complaint.

Criticism & Opposition

Critics, represented by the Democracy Defenders Fund, contend that Percival’s public denunciations constitute baseless attacks that violate ethical standards governing lawyer conduct. The fund emphasized that the ethics rules exist to protect the judiciary from unfounded assaults that could erode its legitimacy.

Verbatim Quotes

  • “The 128 former judges are sort of an example of a tactic the left has used for a long time,” — General Counsel James Percival, THE WORST’ ACTIVIST