A group of nearly 130 former federal and state judges filed an ethics complaint on Wednesday against James Percival, the general counsel for the Department of Homeland Security (DHS). The complaint, filed with the Florida Bar, alleges that Percival violated professional conduct rules by launching a "Worst of the Worst" social media list targeting federal judges. The group claims Percival made unfounded attacks on the integrity of the judiciary.
The filing centers on Percival's recent social media activity, specifically a July 23 post where he identified four federal judges and criticized their rulings regarding immigration policies. Percival modeled the format after DHS press releases that highlight the arrests of migrants accused of crimes. The former judges stated that Percival's posts were not "legitimate fact based critique" but rather character attacks based on mischaracterizations of legal cases.
The complaint cites specific instances where Percival used terms such as "judicial sabotage," "rogue," and "naked politics" to describe judicial actions. In one example, Percival accused U.S. District Judge Matthew Kennelly of sabotage after the judge issued a temporary administrative stay following a Supreme Court ruling on the temporary protected status (TPS) program. The complainants argued that Judge Kennelly was simply using a standard case management tool to allow for further legal briefing.
For an ordinary citizen, this dispute highlights a conflict between executive branch officials and the federal judiciary over how government policies are litigated. If the Florida Bar finds Percival in violation of its rules, it could lead to sanctions ranging from a reprimand to the loss of his license to practice law in that state. This would occur while he serves as the lead attorney for DHS, the department responsible for enforcing federal immigration laws and managing border security. The complaint argues that Percival's public characterizations of judges as "rogue" or engaging in "judicial sabotage" could impact public perception of the legal system's impartiality.
The case also sets a precedent regarding how government attorneys may publicly criticize the court system while representing federal agencies. Percival has stated that the complaint is an attempt to silence his critiques of "judicial activism," while the former judges argue his statements lack a sound basis in fact. DHS did not respond to requests for comment on the filing. The Florida Bar will now review the complaint to determine if formal disciplinary proceedings are warranted, though a specific deadline for their decision was not reported.
Percival responded to the filing by announcing a new social media award named after Justice Peggy Quince, the lead signatory of the complaint. Percival stated he would accept nominees for the "Lifetime Achievement Award for Worst of the Worst Judging." He continues to maintain that his posts are intended to call out judicial activism.