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Florida Bar Complaint Targets DHS General Counsel Over 'Worst of the Worst' Judges List

The filing asks the Florida Bar to discipline James Percival for posts that complainants say misstate rulings, raising threats to judges.

Overview

  • The complaint was filed with the Florida Bar on Aug. 20, 2026 by 128 retired federal and state judges together with the Democracy Defenders Fund and Lawyers Defending American Democracy.
  • Complainants say Percival’s July 23 'Worst of the Worst, District Judge Edition' thread named four sitting federal judges and mischaracterized their rulings in violation of Florida Rule of Professional Conduct 4-8.2(a), which bars false or recklessly false statements about a judge’s integrity.
  • The filing cites U.S. Marshals Service data showing hundreds of threats against federal judges in fiscal 2026 to argue that public denunciations by a senior DHS lawyer increase risks to judges and their families.
  • DHS told Bloomberg Law that Percival’s posts were a factual review of decisions, and Percival has not retracted the tweets; he responded to the complaint on social media by mocking it and creating a satirical award.
  • If the Florida Bar opens a formal disciplinary file it could investigate possible sanctions, a process that historically results in formal discipline in only a minority of complaints, and the case highlights a wider partisan pattern of using bar complaints in disputes over judicial criticism.