As threats to judicial independence continue to present, the legal profession must be proactive in defending against, condemning, and preventing unacceptable statements and conduct that pose a real and present danger to the third co-equal branch
DALLAS, July 29, 2026 /PRNewswire/ — An independent judiciary is fundamental to our system of government and our individual rights. Judges should be free to make decisions based on the law unfettered by outside influence or intimidation. Any actions by those in power that may have the effect of intimidating members of the judiciary threaten the integrity of our system of justice, undermine public confidence in the courts, and erode the supremacy of the rule of law. Such actions are an affront to our system of justice. ABOTA is obligated to speak against any such actions, regardless of the politics that may be involved.
Recently, the General Counsel of the Department of Homeland Security (DHS), James Percival, published a list of what he described as the “Worst of the Worst: District Court Judges.” This list is modeled after the DHS list of “Worst of the Worst Criminal Illegal Aliens.” His criteria for the list are rulings by the judges that are contrary to the positions and actions of the current administration. Publishing his “Worst of the Worst” list of judges by name and jurisdiction in a manner parallel with his similar list of “Worst of the Worst” criminals is doubly offensive, and risks making them targets for those who would engage in violence.
That is not hyperbole. Violence toward judges is a manifest problem in our country, a fact undoubtedly well known to the General Counsel of the Department of Homeland Security. Thus, ABOTA, possessed of the obligation to stand as guardians of the independence of the judiciary, cannot sit idly and quietly lest our silence insinuate that such statements and conduct are acceptable.
Plainly stated, we condemn the description and publication of such a list by Mr. Percival and admonish his conduct. He holds a position of pronounced authority and influence. His publication served no legitimate administrative purpose. Instead, it functioned purely as an attempt to diminish public trust in our courts and bully independent jurists. When the Executive Branch uses its platform to target individual judges, it weakens the checks and balances that protect our democracy and our liberty.
The American Board of Trial Advocates cannot — and will not — remain silent in the face of such an affront to our very mission. I urge each of you to continue advocating for judicial independence and the Rule of Law, and to remind the public of the vital role an impartial judiciary plays in preserving our freedom.
William D. Shapiro
2026 National President
American Board of Trial Advocates
About the American Board of Trial Advocates
ABOTA is a national association of experienced trial lawyers and judges. ABOTA and its members are dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. ABOTA membership consists of more than 7,000 lawyers and judges spread among 94 Chapters in all 50 states and the District of Columbia.
For more information contact:
Brian Tyson, Executive Director
Cell: (214) 287-8351
briant@abota.org
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SOURCE American Board of Trial Advocates (ABOTA)
