Legalweek‘s traditional judicial panel is usually a reliable deep-dive into e-discovery and trial tech: thorough but frankly a little dry. This year was something else entirely.
This year’s judges drove home the clear and present danger to our judiciary, the rule of law, our profession, and our society. And the threat cannot be overstated.
The Panel
The panel was composed of four current female federal district court judges from across the country. Before they were introduced, a warning was given that they planned to play a graphic audio recording containing foul language that might be disturbing. But that video paled in comparison to the living hell these judges are living in, created by those who disagree or don’t like their rulings.
Judge Esther Salas moderated the panel and opened the presentation by describing in riveting detail the murder of her only child and almost fatal shooting of her husband by a disgruntled lawyer. You could have heard a pin drop as she talked about what happened and its impact.
And that was only the beginning. The panel, also composed of Judge Kenly Kiya Kato, Judge Karoline Mehalchick, and Judge Mia Roberts Perez, described a series of threats, intimidation, doxing, swatting, and misinformation directed not only at themselves but also throughout our judiciary. It’s a poison that stems from the highest level of government who disrespect our judges and their rulings and resort to name calling and insults. All of which encourages other elements of our society to action. People who are convinced by the rhetoric that a judge who rules a certain way deserves what they get.
And according to the judges, it filters down to not just cases that carry some political ramifications but also to ordinary matters and litigants. The message is to spew hatred and violence and ignore rulings.
What Our Judges Are Facing
The judges told stories of things like hundreds of unordered pizzas being delivered at all hours to judges and even their grown children with the name of Judge Salas’s son written on the boxes. The clear message being that we know where you live and that what happened to Judge Salas’s family could happen to you. They told stories of judges’ homes being swatted on Christmas Eve and doors kicked in by law enforcement.
They talked openly about always looking over their shoulders when they go out in public. Of never answering their door. Or receiving thousands of the most vile and threatening emails. These are just ordinary federal court judges trying to do their jobs day in and day out. They don’t deserve this.
Judicial Integrity
What also rang throughout the presentation was their integrity and their commitment. They talked about how they accepted the job and their role knowing what it could mean. They talked of their determination to continue making rulings based on the law and the facts in the face of what’s happening in their world. They bent over backwards telling us how they don’t mind and expect disagreement with their rulings and did not want disagreement to be chilled. But they also made it clear that there is a process to disagree and appeal.
They also talked about their colleagues who make rulings that may seem to align with a certain ideology when in fact, they said, they were just judges doing their job. The level of respect was palpable among them and for what they do.
But given all that, their most poignant comments centered on their families. Kids. Spouses. Those who did not sign up for this kind of abuse. They talked about the fear among their families and that their children, who had no choice, shouldn’t have to live with this.
Respectfully, they also mentioned their state court judge colleagues who by and large have fewer resources and protections. But they nevertheless live with the same threats.
Why Now?
According to the judges, how we got here is multi-dimensional. The press hyping stories and rulings and making the point of who appointed a judge. Less neutral reporting on reasoning and more on insinuation of political motivation. Social media spreading and profiting from misinformation. Fewer reliable sources. A disbelieving and polarized public.
Not to mention political leaders who do such things as announce impeachment proceedings against judges whose rulings they don’t like. The failure to investigate threats and misinformation. The profound lack of civility. The failure of our education system to teach basic civics and the functions and benefits of our three branches of government. An ignorance of the concept of checks and balances that are foreign to so many.
And the Impact May be Catastrophic
The judges talked about why what’s happening is so devastating. The public is losing its respect for the judiciary. Litigants believing if they don’t like a ruling, they can just ignore it. Name calling. Violence. Intimidation. It is undermining the rule of law. So, you say that’s only for politically charged cases, right? Not so, according to the judges. It’s everywhere and getting worse.
What does it mean? Our economic system hinges on the ability to get disputes resolved relatively quickly and with finality and fairness. When that’s gone, it means only the very rich and powerful can get “justice” and do what they want. Only they can get things like favorable IP and copyright protections. Can squash competition. Can ignore rules and court orders. That’s what guards our capitalistic economy and has allowed it to thrive.
And here’s something else. The judiciary exists for all of us as a vehicle for dispute resolution. They serve our needs. They serve the needs of our clients. They are charged with resolving the thorniest of legal and factual questions. But how long will the best and brightest want to serve when they and their families are threatened daily? Who will want to step up and answer the call to serve?
It’s not just the judges and their families that are threated. It’s our very system of government and social fabric. Let that sink in.
What to Do?
I’ve lost my share of rulings from federal district court judges. I know they can be persnickety and demanding. But I never lost respect of the process. I never called them names. I respected and followed the rules even when they were hard for my client to swallow.
So, when so many seem to lack that respect, it was a legitimate question that was asked by an audience member: given where we are as a society, can anything be done?
Listening to the judges, I think all of us in legal need to double down on education to our clients and society about the critical role of the judiciary. We need to make sure we treat our judiciary and each other with respect even when we disagree.
We need to remember that our judges are here to serve us. That they are indispensable to what we do as a profession. As judges, their ability to speak out on individual matters is constrained by judicial ethics. Our abilities are not. We need to stand up for them.
We need to push back on statements by politicians and others denigrating our judges. We need to say loudly and often, I may disagree with the judge’s ruling but I respect it. I know they were acting with integrity and are doing the best they could.
Otherwise, what we have, what we went to law school for and who we are may be gone.
Thank you ALM, Legalweek, and the judges for putting this together and saying loudly what needs to be said.
Note: As many of you know, I am on the ABA TechShow Board. Later this month, we will offer a panel discussion by the immediate past ABA President, the current ABA President, and the incoming ABA President on the rule of law, among other things. I would encourage all of you to attend and to take seriously the clear and present danger we are facing.
Stephen Embry is a lawyer, speaker, blogger, and writer. He publishes TechLaw Crossroads, a blog devoted to the examination of the tension between technology, the law, and the practice of law.
The post Legalweek’s Annual Judicial Panel: A Clear And Present Danger To Our Judges — And The Rule Of Law appeared first on Above the Law.
