Dear John,
Lawyers Defending American Democracy participated in a new filing urging the Florida Supreme Court to order The Florida Bar to follow its own rules and investigate claims that Attorney General Pamela Bondi has acted unethically.
As LDAD reported previously, we, along with a coalition that included Democracy Defenders Fund, Florida lawyer Jon May, Lawyers for the Rule of Law, and a group of 70 prominent attorneys, law professors, and former judges, filed an ethics complaint before The Florida Bar asking that they investigate and, if appropriate, impose sanctions against the Attorney General, a Florida lawyer, for actions that violate the rules of professional responsibility.
In particular, the complaint alleged that on her first day in office, Ms. Bondi issued a memorandum to all employees that placed DOJ lawyers in the untenable position of possibly having to violate their own ethical obligations to comply with her directive. The complaint then highlights three instances in which the Attorney General or her staff enforced this directive in violation of her ethical obligations, leading to either the termination or resignation of DOJ lawyers.
The Florida Bar immediately responded by rejecting the complaint, contrary to its own rules, on the grounds that it cannot conduct disciplinary proceedings against a constitutional officer. The coalition subsequently filed a writ of mandamus asking the Florida Supreme Court to order The Florida Bar to conduct an inquiry.
This latest filing addresses The Florida Bar's response to the coalition's petition for writ of mandamus as well as arguments made by the amici State of Florida and the United States.
As LDAD volunteer and a principal author of the brief, James W. Conrad Jr., stated, “The positions of The Bar, the State, and the United States, if upheld, would be a statement to the legal profession that the Attorney General of the United States is above the law and need not comply with the same code of ethics that all other lawyers must follow. That would be a shocking message to send.”
The public is harmed when government lawyers do not adhere to their oath and the rules of professional responsibility. At the very least, the public deserves to know that an appropriate investigation into these allegations will be conducted, and that Florida does not have a different standard that would place the Attorney General above the law.
Thank you,
Lawyers Defending American Democracy
P.S. We are living in extraordinary times that require constant advocacy to reverse the significant democratic backsliding that we are experiencing. LDAD’s work depends on individual contributions like yours. Please join us in our efforts by donating to LDAD, a 501(c)(3) organization.
