On Tuesday, July 15, 2025, Jon May, a Florida attorney, filed a petition for a writ of mandamus with the Florida Supreme Court, seeking to compel The Florida Bar to investigate a complaint against U.S. Attorney General Pamela Jo Bondi.
May filed a complaint on June 5, 2025, alleging professional misconduct by Bondi. The complaint was co-signed by three civil society organizations—Lawyers Defending American Democracy, Democracy Defenders Fund, and Lawyers for the Rule of Law—as well as 70 legal ethics professors, former judges, and lawyers, including two former Florida Supreme Court Chief Justices, Barbara J. Pariente and Peggy A. Quince.
The complaint claims that Bondi encouraged Department of Justice lawyers to breach ethical obligations through a memorandum issued on February 5, 2025, emphasizing “zealous advocacy.” It cites three instances where Department lawyers were allegedly terminated or forced to resign for refusing unethical directives, including one case where a lawyer was fired for maintaining candor in court. The complaint argues that Bondi’s actions violate multiple Rules of Professional Conduct, including rules against inducing unethical behavior, failing to ensure ethical compliance by subordinate lawyers, and engaging in conduct prejudicial to justice.
Bar Counsel Francisco J. Digon-Geer dismissed the complaint, stating that The Florida Bar does not investigate sitting federal officers appointed under the U.S. Constitution, as such actions could interfere with federal authority.
May sought an informal review of the dismissal on June 13, but the request was denied on July 7. In response, May’s petition argues that The Florida Bar has a mandatory duty under Rule 3-7.3 to conduct a complete investigation of sworn complaints, with no discretion to dismiss them without review.
The petition asserts jurisdiction under Article V, Section 3(b)(8) of the Florida Constitution, which grants the Florida Supreme Court authority to issue writs of mandamus to state agencies. It contends that The Florida Bar’s dismissal misapplies the term “constitutional officer,” which, under Florida law, refers only to state officials created by the Florida Constitution, not federal officers like Bondi. Furthermore, it notes that the U.S. Attorney General is not required to be a Florida Bar member, rendering Rule 3-7.16(d)—which delays investigations of certain state officers—irrelevant.
The petition also references the McDade Amendment, which subjects federal attorneys to state ethical rules where they practice. Since Bondi is not a member of the D.C. Bar, the petition argues she remains under Florida’s disciplinary authority. It emphasizes that Congress intended federal lawyers to be accountable to state ethics rules, rejecting The Florida Bar’s concern about encroaching on federal authority.
May’s filing highlights that no alternative remedy exists, as The Florida Bar’s rules preclude appeals of dismissals but allow mandamus petitions. The petition does not ask the court to rule on Bondi’s alleged violations but seeks an order directing The Florida Bar to investigate the complaint fully.
A copy of the original filing can be found here.
