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Protecting Judicial Independence and the Rule of Law

On December 16, 2025, the American Board of Trial Advocates (ABOTA) unveiled a critical resolution aimed at fortifying judicial independence and the rule of law in the United States. This development comes in light of rising threats, aggressive rhetoric, and political moves designed to undermine the judiciary’s integrity. ABOTA, an organization comprising over 7,000 trial lawyers and judges, passed this resolution unanimously, affirming their commitment to a fair and impartial legal system.

The Context of the Resolution

The modern landscape of American politics has witnessed a distressing trend. Recent years have seen an alarming convergence of political intimidation and disparagement towards the judiciary, which poses significant risks to democracy. This moment prompted ABOTA to issue a strong statement about the importance of an independent judiciary, which is fundamental to upholding the rule of law. The resolution reads as a rallying cry for legal professionals to condemn any form of intimidation against judges and to promote the necessary independence of the judiciary.

Unpacking the Resolution

What does this resolution entail? At its core, it reaffirms several key agreements among legal professionals regarding the judiciary:

• - The Seventh Amendment guarantees trial by jury, which is vital for democracy.
• - An independent judiciary is essential for the rule of law, ensuring laws are applied impartially, free of external pressure.
• - The legal profession’s role in advocating for clients must be safeguarded, even in controversial cases.

Jennifer H. Doan, ABOTA’s National President, emphasized that the resolution stands as a defining statement of liberties and a testament to their commitment to the rule of law, the judicial process, and the practice of jury trials. Through this resolution, the organization not only declares its principles but also its determination to advocate for a judiciary independent from political influence.

The Importance of Judicial Independence

Judicial independence is crucial not merely for the functioning of courts but also for maintaining citizens' trust in the entire legal system. ABOTA notes that without a judicial system that is protected from intimidation and threats, democracy itself is jeopardized. Chief Justice John Roberts highlighted this reality, citing the troubling increase in hostile communication and violence toward judges. He warned that such threats undermine the republic’s very foundation.

Legal leaders such as Letty Litchfield and Judith A. Susskind echoed these sentiments, signaling the intense pressures faced by legal professionals and the judicial branch. As Susskind noted, without advocates who fairly and effectively represent varied legal perspectives, the judiciary cannot fulfill its role as a crucial check on governmental power.

A Call to Action

ABOTA's resolution is not only a protective measure but also a transformative call to action. All members of the legal community are urged to resist any rhetoric that could delegitimize the courts and the overall legal system. The organization asserts its firm stance that the legal profession is dedicated not to political agendas but to justice and fairness in the courts.

As the tide of intimidation rises, ABOTA's resolution stands as a beacon of hope and a reminder of the crucial role an independent judiciary plays in safeguarding democracy. This effort to unify the legal community, regardless of political affiliations, serves as a rallying point for all who believe in the sanctity of law and the principles of democracy.

In an era where legal representation and judicial independence are under siege, ABOTA's resolution serves as a potent reminder of the values that must be defended: that everyone, irrespective of their political standing, is entitled to a fair trial, and that the judiciary must remain an impenetrable bastion of democracy, justice, and civil rights.

Conclusion

The American Board of Trial Advocates’ unwavering commitment to preserving the rule of law and judicial independence illustrates the resilience of the legal community in the face of adversity. As they mobilize to protect these fundamental principles, they remind us that safeguarding democracy requires collective vigilance and engagement from all citizens. The legal profession stands united to defend justice, not just ideologically, but in practical terms, ensuring that the tenets of American democracy endure for generations to come.