President's Page by Carolyn Steffl

The Role WE Committed to Play to Keep US a Nation Ruled by Law

The ABA calls for every lawyer and legal organization to speak with one voice and to condemn the efforts of any administration that suggests its actions are beyond the reach of judicial review. We also call for condemnation and rejection of calls for the impeachment of a judge who did not rule in a certain way. 

“This is NOT a partisan issue.” “Our profession is under attack.” “Remember what unites us.” “Bring back Schoolhouse Rock.”

These are some themes of last week’s zoom meeting of presidents and executive directors of national, state, local and affinity bars called by the American Bar Association. The ABA called on attorneys to speak with one voice against challenges to the constitution and Rule of Law. What resonated with me was the consensus that this is not a partisan issue. “The ABA does not oppose any administration. Instead, we remain steadfast in our support for the rule of law.” The ABA representatives outlined a few core beliefs:

- We stand behind judges and support our judges. Even if we don’t like the decision, judicial orders must be followed.

- We believe in separation of powers and Marbury v. Madison.

- We believe that attorneys need to focus on what unites us.

As attorneys, we have unique responsibilities. In law school, we learned that being a lawyer is a profession, not a job. Becoming an attorney was a commitment to act justly and responsibly in all areas of life – we are role models and leaders. At this point in history, people are looking to you and me.

The current challenges to the legal system are different in scope and degree to anything that this nation has seen in my lifetime. When preparing for this article, many people gave me examples of current events that are frankly astounding, such as:

- Many high ranking officials, including the Vice President have made comments suggesting that the President does not have to follow court orders and calling for impeachment of judges with whose decisions they disagree.

- The President issued an executive orderspecifically targeting one law firm because it disagreed with the firm’s representation of Jack Smith, special counsel who investigated the President, directing revocation of the attorneys’ security clearances and cancellation of federal contracts with the firm.

- In an unprecedented attack on the free press and freedom of speech, the President is limiting which news organizations have the right to attend cabinet meetings and other events, including bars to the Associated Press for referring to the Gulf of Mexico, instead of the Gulf of America.

- The acting attorney general of Washington, DC, demoted attorneys who worked on January 6th cases and referred to federal prosecutors as the President’s lawyers, rather than the people’s lawyers.

- Per the ABA, “we see wide-scale affronts to the rule of law itself, such as attacks on constitutionally protected birthright citizenship, the dismantling of USAID and the attempts to criminalize those who support lawful programs to eliminate bias and enhance diversity.”

Just like you can’t turn on the radio around Christmas time without hearing Wham!, nowadays, you can hardly turn on news without hearing about the Rule of Law. If our neighbors are talking about the Rule of Law, we need to be part of that conversation. In fact, our oath of office compels us to join the discussion.

First, our oath of office provides “I will use my knowledge of the law for the betterment of society and the improvement of the legal system.” To carry out this oath, attorneys have an obligation to inform themselves regarding challenges to the Rule of Law and share our expertise. Your friends and family view you as a trusted source of information.

Second, we took an oath to support the Constitution: “I will support the Constitution of the United States and the Constitution of the State of Colorado.” A core tenant of the US Constitution is the separation of powers; it’s right in the beginning in Articles I, II, and III. Living this oath means re-reading key parts of the US Constitution, listening to podcasts or webinars about what it means, and explaining the Constitution to others.

Third, we swore “I will maintain the respect due to courts and judicial officers.” Attacks on our judiciary are rising precipitously. Our oath demands that we respect and support our local judges. That means letting them know that we have their backs and letting the community and elected officials know that we will not tolerate attacks on our judiciary.

Fourth, we have committed not to sit on the sidelines for personal reasons such as: it is hard to speak up, we are busy, or it is emotionally draining to follow the news. Our oath includes “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed.” You can protect your mental health by setting aside specific time each day for a news update, but it is irresponsible to ignore the news entirely. I share the fear of speaking up, but if we all stand together, there is protection in numbers. So many people are afraid right now, but we are a privileged, educated class – if we can’t speak in defense of the oppressed, who can?

What can you do today:

- Educate yourself with a trusted news source - Join the American Bar Association today to support their current work, and read their recent statements on the Rule of Law and the Judiciary.

- Join a Colorado affinity bar to show support and allyship.

- Follow, borrow, quote, share from statements of other trusted groups, like bar associations.Share with your family, friends, book club, community group, church and more.

- Personally reach out to stateandlocal judges to show your support.If you are friends with a judge, buy them lunch, coffee or flowers.

- Reach out to federal, state and local representatives. If you have personal connections, use them to emphasize your commitment to the Rule of Law.

- Teach friends, family and community about the role of the judiciary, separation of powers, and civics. Parents, show your kids Schoolhouse Rock and take a trip to the Colorado Judicial Learning Center. Explain that policy goals will not be accomplished by acting contrary to the law.

- Donate to support legal justice, such as ABA Fund for Justice and Education, Colorado Legal Aid Foundation, or other legal Non-Profits in Boulder County.

- Sponsor, commit to attend, or donate an auction item to Jazz for Justice on Saturday, April 5, 2025. Imagine our impact if we all donate at least a little.

- Email me to share your other suggestions and let me know whether I can include them in the next newsletter article. Please click here to email me directly.