Florida Attorney General Urges Bar to Dismiss Ethics Complaint Against DHS Lawyer Over Judge Criticisms

Florida Attorney General James Uthmeier has called for the dismissal of an ethics complaint filed against Department of Homeland Security (DHS) General Counsel James Percival. The complaint, lodged by a coalition of 128 former state and federal judges, along with advocacy groups Democracy Defenders Fund and Lawyers Defending American Democracy, alleges that Percival’s social media posts targeting federal judges constitute professional misconduct.

In a letter to Florida Bar Executive Director Joshua Doyle, Uthmeier described the complaint as a “shameless publicity stunt.” He emphasized that only three of the 128 signatories previously served on the bench in Florida. Uthmeier argued that Percival’s criticisms were grounded in identifiable judicial actions and that, even if considered harsh, they had an objectively reasonable factual basis. He asserted that attorneys have the right to express opinions on judicial decisions, stating, “Judges are no exception.” ([thefederalist.com](https://thefederalist.com/2026/08/25/uthmeier-demands-florida-bar-dismiss-meritless-complaint-against-dhs-attorney/?utm_source=openai))

The controversy centers on Percival’s July 23 social media post titled “Worst of the Worst, District Judge Edition,” in which he criticized federal judges who had ruled against the Trump administration’s immigration policies. Percival accused these judges of obstructing immigration enforcement and described some of their rulings as dangerous or irrational. ([thedailybeast.com](https://www.thedailybeast.com/senior-trump-dhs-official-james-percival-accused-of-inciting-violence-against-judges/?utm_source=openai))

The ethics complaint contends that Percival’s statements violate Florida Bar rules prohibiting attorneys from making unfounded attacks on the integrity of judges. The complainants argue that such rhetoric could incite violence against judges, citing an uptick in threats and the 2020 murder of Judge Esther Salas’s son as examples. ([thedailybeast.com](https://www.thedailybeast.com/senior-trump-dhs-official-james-percival-accused-of-inciting-violence-against-judges/?utm_source=openai))

In response to the allegations, Percival appeared to mock the complaint by announcing a satirical award named after retired Florida Supreme Court Justice Peggy Quince, who is leading the complaint. ([axios.com](https://www.axios.com/2026/08/21/dhs-lawyer-judge-attacks-ethics-complaints?utm_source=openai))

Legal ethics experts have raised concerns that such attacks break from professional ethics norms, potentially endanger judges, and erode public trust in the judiciary. The U.S. Marshals Service reported 415 threats against federal judges so far in 2026, highlighting the seriousness of the issue. ([axios.com](https://www.axios.com/2026/08/21/dhs-lawyer-judge-attacks-ethics-complaints?utm_source=openai))

The Florida Bar has not yet indicated whether it will pursue an investigation into the complaint. Historically, the Bar has declined to investigate similar complaints involving Trump administration officials. ([axios.com](https://www.axios.com/2026/08/21/dhs-lawyer-judge-attacks-ethics-complaints?utm_source=openai))

This case underscores the ongoing tensions between the executive branch and the judiciary over immigration and civil rights rulings, as well as the broader debate over the limits of free speech for government attorneys.