Florida Bar Accused of Evading Ethical Responsibilities in DHS Lawyer Case
The Florida Bar is facing criticism for allegedly refusing to investigate DHS General Counsel James Percival, who reportedly compared federal judges to murderers and rapists on social media. This refusal follows a similar instance where the Bar declined to investigate former Attorney General Pam Bondi. The Bar cites a rule stating it 'does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office,' claiming such action could 'encroach on the authority of the federal government.' However, critics, including 128 former federal and state judges, argue that this rule, Rule 3-7.16(d), is a statute of limitations extension, not a ban on investigations, and is intended for state constitutional officers, not federal appointees. The complaint against Percival alleges a violation of Rule 4-8.2(a), which prohibits lawyers from making false statements about judges' qualifications or integrity.