April eBulletin is Now Available
April 1, 2021
The latest issue of the eBulletin is now available. Read More
Jurists Must Remain Free From Harassment, Threats, Intimidation
As published in Bloomberg Law on February 25,2021
Everyone has a right to express opinions about a court decision. But after last year’s election, some went further and suggested that Wisconsin Supreme Court Judge Brian Hagedorn’s ruling in Trump’s lawsuit to invalidate ballots betrayed his party or his supporters. Rodney Acker, president of the American College of Trial Lawyers, says our democracy will be in peril if threats and harassment harm jurists’ duty and right to interpret law and facts and rule accordingly.
Democracy has (ultimately) prevailed. We can all count our blessings that we witnessed yet another peaceful transfer of power in our country on Inauguration Day. But in the weeks between the election and the Inauguration, we also witnessed an unprecedented assault on another pillar of our democracy—the judges and justices who preside over our courts.
The rule of law is an essential aspect of our democracy, as well as a key to our prosperity, security, and constitutional order. We cannot afford to ignore or take it lightly when the independence of the judiciary is threatened in pursuit of political gain.
After the election, a large number of lawsuits were filed contesting the results in both state and federal courts around the country. To the extent that people had reason to believe that violations of election laws had changed the outcome of the race, they had the absolute right to petition the courts for redress.
Those legal challenges were rejected consistently across the board. The justices and judges in those cases followed their sworn duty to interpret the law and facts as they saw them and rule accordingly. That is exactly what we rely on members of the judiciary to do.
Comments Against Ruling a Dangerous Misunderstanding of the Judiciary’s Role
Following an appeal that the Wisconsin Supreme Court rejected in a 4-3 vote, some expressed their view that the ruling in Trump v. Biden was incorrect. That is a statement of opinion and everyone, including government officials and politicians, have a right to express their opinion about a court decision. But others, including the incumbent president, went further and suggested that Judge Brian Hagedorn’s ruling somehow betrayed his party or his supporters.
These comments betray a dangerous misunderstanding of the role of the judiciary. Whether they are elected or appointed, judges’ and justices’ fidelity should be to the law, not to the interests of the parties or politicians that supported or appointed them. Support for a jurist’s appointment or election does not entitle anyone to special treatment or deference when standing before them as a party to a case. Until recently, this seemed a truth so self-evident as to not even be worth stating.
And yet in the wake of the Wisconsin ruling, the justices in the majority were attacked as “traitors and terrorists,” according to the Wisconsin State Bar. The statement from officers of the bar also alleged that “justices and judges are being threatened with acts of violence” for their role in these election cases. At least one member of the court was subjected to anti-Semitic attacks.
There is No Right to Threaten Safety of Judges, Families
The right of all Americans to dissent peacefully has always been at the heart of our shared sense of justice. But the right to dissent does not confer the right to threaten the safety of judges or their families (or anyone else for that matter) or to attack them for their religious beliefs.
Attacks and demands for loyalty threaten both the independence of the judiciary and the rule of law itself. Everyone, including politicians, who encourage or condone such attacks are complicit in these threats to our democracy.
The Framers of the Constitution understood how important judicial independence was. In their view, the English courts were too beholden to the crown. And so, they sought to create independence through lifetime appointments and the advice and consent of the Senate for seats on the federal bench.
Some of the states, including Wisconsin, instead elect their justices. But even where judges are elected, we have generally maintained a distinction between campaigning for, say, governor, and standing for election to the bench.
Thirteen states, including Wisconsin, hold appellate-court elections that are formally nonpartisan, which is one way to draw a distinction between the overtly political branches and the judiciary. But even where there is no such formal distinction, confidence in our system of laws and justice requires that jurists act out of fidelity to the law and not either person or party.
Again, we know that mortals are not angels—and that includes our jurists. As Ralph Waldo Emerson wrote, “Let me never fall into the vulgar mistake of dreaming that I am persecuted whenever I am contradicted.”
Like many great aphorisms, this one cuts both ways. Jurists should be subject to criticism—within the guardrails of our Republic. But they must be free from harassment, threats, or intimidation, just as all of us hope to be. Not every critique is persecution, and most of us know the difference when we see it, as we have since Nov. 3, 2020.
At the same time, it ought to go without saying that a jurist who rules against you is not out to get you. If we forget that, as some appear to have done in the wake of the election, our democracy really will be in peril.
This column does not necessarily reflect the opinion of The Bureau of National Affairs, Inc. or its owners.
Author Information
Rodney Acker is the 71st president of the American College of Trial Lawyers.
Leslie C. Strickler
President
etrecommunications.com
804.240.0807
February eBulletin is Now Available
February 1, 2021
The latest issue of the eBulletin is now available. Read More
American College of Trial Lawyers Condemns Violence in Response to Electoral College Vote
NEWPORT BEACH, CALIF. (January 6, 2021) – The American College of Trial Lawyers (ACTL) abhors the violence that has disrupted the orderly process of transferring power pursuant to the will of the electorate. Blame for the actions of the demonstrators rests not just with the demonstrators themselves but also with those who have fomented and encouraged it. The ACTL calls on our leaders to do everything in their power to put a stop to the violence now.
The United States is a nation founded on the rule of law. Our differences are decided at the ballot box and through debate, not with guns and armed conflicts in the streets and the halls of democracy. While peaceful demonstrations are rightfully protected by the Constitution, those who refuse to peacefully accept the Constitutional process for transfers of power injure our Nation and threaten the fabric of our democracy with anarchy. We call on every lawyer to speak out and take action to advance the rule of law and put an end to this travesty of our Constitutional processes.
The College strongly supports the independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings.
# # #
About the American College of Trial Lawyers
The American College of Trial Lawyers is composed of preeminent members of the trial bar from the United States and Canada and is recognized as the leading trial lawyer’s organization in both countries. Founded in 1950, the College is an invitation only fellowship. The College thoroughly investigates each nominee for admission and selects only those who have demonstrated the very highest standards of trial advocacy, ethical conduct, integrity, professionalism, and collegiality. The College is dedicated to maintaining and seeking to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on important legal issues relating to its mission. For more information about the College, visit its website at www.actl.com.
CONTACTS:
American College of Trial Lawyers
Dennis J. Maggi, CAE, Executive Director
dmaggi@actl.com
949.752.1801
Etre Communications
Leslie Strickler
leslies@etrecommunications.com
804.240.0807
Federal Criminal Procedure Committee Issues Statement
December 10, 2020
Federal Rules of Criminal Procedure Committee of the American College of Trial Lawyers issued a statement calling for a moratorium on the executions Read More
December eBulletin is Now Available
December 1, 2020
The latest issue of the eBulletin is now available. Read More
October eBulletin is Now Available
October 2, 2020
The latest issue of the eBulletin is now available. Read More
ACTL Mourns the Loss of Justice Ruth Bader Ginsburg
NEWPORT BEACH, CALIF. (September 19, 2020) - The American College of Trial Lawyers (ACTL) mourns the loss of Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg, a trailblazing advocate, a meticulous jurist, a true patriot, and an Honorary Fellow of the College.
Chief Justice of the U.S. John Roberts said, “She was a justice of historic stature and a tireless and resolute champion of justice.”
Recently Justice Ginsburg joined Justices Alito and Breyer, and jurists from the United Kingdom, in a U.K.–U.S. legal exchange sponsored by the ACTL to discuss common issues in support of the rule of law and access to justice, even across international boundaries.
“Her commentary during those days together was both insightful and inspiring. In an era when uncertainty is so much a part of our national narrative, hers was a call to our ‘better angels’ and a meaningful challenge at a time that calls for equal protection to all persons and causes,” said ACTL President Douglas R. Young.
The College commends Justice Ginsburg’s career as an accomplished and courageous trial and appellate lawyer while in private practice and a person of deep faith committed to the best our countries have to offer. The world is enriched by her example. We are humbled and inspired by her spirit.
# # #
About the American College of Trial Lawyers
The American College of Trial Lawyers is composed of preeminent members of the trial bar from the United States and Canada and is recognized as the leading trial lawyer’s organization in both countries. Founded in 1950, the College is an invitation only fellowship. The College thoroughly investigates each nominee for admission and selects only those who have demonstrated the very highest standards of trial advocacy, ethical conduct, integrity, professionalism, and collegiality. The College is dedicated to maintaining and seeking to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on important legal issues relating to its mission. The College strongly supports the independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. For more information about the College, visit its website at www.actl.com.
CONTACT:
American College of Trial Lawyers
Dennis J. Maggi, CAE
Executive Director
dmaggi@actl.com
949.752.1801
Ohio State Committee of the ACTL Applauds Chief Justice Maureen O'Connor's Statement in Response to the Ohio Republican Party's Attack on Judge Richard A. Frye
DAYTON, OHIO (September 18, 2020) - An independent judiciary is crucial to protecting the rights embedded in the United States Constitution and in the constitutions of the 50 states. Although the principle of an independent judiciary emerged from the Founders’ earliest writings, it may be the most underappreciated and least understood of our basic Constitutional rights. Under our system of government, state and federal judges are empowered to provide the final word on the validity and enforceability (constitutionality) of legislation and of actions by the executive branch of government, which is known as the principle of judicial review.
The Ohio State Committee of the American College of Trial Lawyers (ACTL) – which is composed of preeminent members of the professionally and politically diverse Ohio trial bar – strongly supports the independence of the judiciary, respect for the rule of law, and the fair and just representation of all parties to legal proceedings. In keeping with this mission, we write to condemn the Ohio Republican Party’s (ORP) statement, which it tweeted on September 16, 2020, regarding Judge Richard A. Frye’s decision in Ohio Democratic Party v. Frank LaRose, Franklin C.P. No. 20 CV-5634. Equally important, we applaud Chief Justice Maureen O’Connor for her swift and thoughtful rebuke of the ORP’s “disgraceful, deceitful piece,” in which the ORP “accuses Judge Frye of colluding with the Ohio Democratic Party and labels him a ‘partisan judge.’” See Statement by Chief Justice Maureen O’Connor of the Supreme Court of Ohio (September 16, 2020).
While the ORP has every right to disagree with the decision and to seek review on appeal, it demeans the judiciary and the rule of law by making a baseless character attack on a judge. As noted by ACTL President Douglas R. Young: “Such attacks undermine the public’s confidence in the judiciary and have no place in political discourse”.
We are proud of Chief Justice O’Connor for her courage and leadership in condemning the ORP’s statement and safeguarding public confidence in fair and impartial courts.
About the American College of Trial Lawyers
The American College of Trial Lawyers is composed of preeminent members of the trial bar from the United States and Canada and is recognized as the leading trial lawyer’s organization in both countries. Founded in 1950, the College is an invitation only fellowship. The College thoroughly investigates each nominee for admission and selects only those who have demonstrated the very highest standards of trial advocacy, ethical conduct, integrity, professionalism, and collegiality. The College is dedicated to maintaining and seeking to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on important legal issues relating to its mission. The College strongly supports the independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. For more information about the College, visit its website at www.actl.com.
CONTACTS:
Ohio State Committee Chair
Susan Blasik-Miller
Freund, Freeze & Arnold
sbmiller@ffalaw.com
(937) 222-2424
Ohio State Committee Vice Chair
William G. Porter
Vorys, Sater, Seymour and Pease LLP
wgporter@vorys.com
(614) 464-5448
American College of Trial Lawyers
Dennis J. Maggi, CAE
Executive Director
dmaggi@actl.com
949.752.1801
Fall 2020 Journal Now Available
September 15, 2020
The latest issue of the
Journal can now be viewed online. A print version will be arriving in the mailbox soon. This issue features a report from outgoing President Douglas R. Young and incoming President Rodney Acker is introduced. The first three women Fellows of the College are profiled and we get an inside look at arguing a case before the U.S. Supreme Court during the pandemic.
Click here to view.
Equality and Justice Award Created
September 15, 2020
NEWPORT BEACH, CALIF. (September 15, 2020) - The American College of Trial Lawyers (ACTL) has created a new award which will honor persons who have fought for equality and justice and against racism. The award, to be presented from time to time whenever worthy recipients are identified, will recognize those who have been champions of justice and equality in all forms, including but not limited to race, ethnicity, gender and sexual orientation.
In announcing the award, ACTL Regents Joe R. Caldwell, Jr. and Richard H. Deane, Jr. who co-chaired the committee that determined its parameters, observed:
“Recurring issues of race and inequality are again at the forefront of our public discourse. Both the U.S. and Canada have long grappled with these issues through much of our history. Now, the tragic deaths of George Floyd and too many others have again put a spotlight on injustices and inequalities that continue to plague our pursuit of equality and justice for all... The College wishes to recognize champions who have fought for equality and justice and against racism in keeping with standards for such an award to be established by the College."
ACTL President Douglas R. Young said, "This new award is more than just a public statement; it represents a significant and lasting commitment to equality and justice. Each time the award is considered and each time it is presented will be a reminder that all persons are worthy of respect and equal access to justice in our societies."
“The award will be named after a visionary leader whose name will represent courage and incomparable dedication and commitment to the struggle for equality and justice. The College expects the first award to be made in 2021.
About the American College of Trial Lawyers
The American College of Trial Lawyers comprises the best of the trial bar from the United States, Canada and Puerto Rico and is widely considered to be the premier professional trial organization in North America. Founded in 1950, the College is an invitation only fellowship. The College thoroughly investigates each nominee for admission and selects only those who have demonstrated the very highest standards of trial advocacy, ethical conduct, integrity, professionalism and collegiality. The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on important legal issues relating to its mission. The College strongly supports the independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings.
CONTACT:
Leslie Strickler
étre Communications
804-240-0807
leslies@etrecommunications.com
New Interim Guidelines Published
August 6, 2020
The College’s Task Force on Advocacy in the 21st Century, chaired by Regent John Day has released two more “interim guidance” papers relating to the administration of justice during the pandemic: Issues to be Considered When Preparing for and Conducting a Civil Jury Trial During the Pandemic and Constitutional Protections Implicated by the Reopening of Criminal Courts in the Face of the COVID-19 Pandemic. As has been reported earlier, the Task Force has also produced five other documents to assist the Bench and Bar during this period: Conducting Appellate Arguments by Use of Remote Video; Conducting Nonjury Trials by Use of Remote Video; Conducting Remote Hearings by Use of Remote Video; Mastering Zoom Advocacy; Remote Video Depositions and Examinations for Discovery.
Each document is labeled an “interim guideline.” The Task Force will continue to gather resources and experiences from around our colleagues in both Canada and the United States and these works will be modified, as appropriate over time, in light of experience.
In addition to reviewing these papers, please also share them with members of your firms and lawyers and members of the judiciary in your community and in your State or Province. Should you have recommendations for improvements to these guidelines, including those based upon experiences in your courts, the Task Force will be grateful to have them. Interested parties may be directed to actl.com/advocacy to easily locate the materials.
The work of the Task Force is one of the important efforts the College has launched in 2020, largely in response to the pandemic but also in recognition that the ways in which advocacy is conducted in our courts in coming years will be affected in myriad ways as new technologies and ways of interacting evolve. The College has the expertise to offer particularly useful recommendations with regard to these developments, and your observations will be important additions to the dialogue. Thank you for your help.
August eBulletin is Now Available
August 3, 2020
The latest issue of the eBulletin is now available. Read More
Summer 2020 Journal Now Available
July 1, 2020
The latest issue of the Journal can now be viewed online. A print version will be arriving in the mailbox soon. This issue features a recap of the speakers from the 2020 Spring Meeting in Tucson. Learn more about our newly inducted Fellows as well as the newest members of the Access to Justice Distinguished Pro Bono Fellows Project. In "Fellows Share War Stories," Fellows talk about facing the jitters. In "Heroes Among Us," one Fellow comes face-to-face with history during his visit to Normandy for the fifty-fifth anniversary of D-Day. Click here to view.
Meeting The Challenges Ahead
June 4, 2020
Events have moved at breakneck speed the last several days as a world already facing down a pandemic and economic uncertainty has witnessed (repeatedly, and even in slow motion) the senseless killing of George Floyd. The days and nights of social protest and violence have left many uneasy, sad, and even disheartened. Read More
June eBulletin is Now Available
June 1, 2020
The latest issue of the eBulletin is now available. Read More
Wyoming State Committee Comments On The Proposed Wyoming Chancery Court Rules
May 18, 2020
The Wyoming State Committee issued a comment on the Wyoming Rules of Civil Procedure for the Court of Chancery. The Committee believes that certain aspects of the currently proposed chancery Court rules are of potential concern. Read More
ACTL Selects Tulane Law School Women's Prison Project As 2020 Emil Gumpert Award Recipient
April 27, 2020
The American College of Trial Lawyers (ACTL) has selected the Tulane Law School Women’s Prison Project (WPP) as the 2020 Emil Gumpert Award recipient. WPP is being recognized for its proposal to create an inaugural Access to Justice Fellow who would spend 18 months dedicated to a project that expands access to justice for incarcerated women. Read More
Creation of Compassionate Release Clearinghouse COVID-19 Project
April 23, 2020
The College has been asked to support NACDL, FAMM, and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, in collaboration with the Federal Public and Community Defenders, in a partnership to recruit attorneys and other professionals to work on compassionate release motions for those prisoners most vulnerable to COVID-19: the elderly and chronically ill. Read More
April eBulletin is Now Available
March 31, 2020
The latest issue of the eBulletin can be viewed online. Read More
M. David Lepofsky Receives Samuel E. Gates
Litigation Award
March 17, 2020
The American College of Trial Lawyers (the College) has presented its Samuel E. Gates Litigation Award to M. David Lepofsky during the 2020 Spring Meeting in Tucson, Arizona. The award honors a lawyer or judge who has made a significant contribution to the improvement of the litigation process. In its 40 years of existence, the award has been extended previously only 25 times. Read More
92 New Fellows Inducted During 2020 Spring Meeting
March 12, 2020
The College welcomed 92 new Fellows during the Saturday, March 7 Induction Ceremony at the 2020 Spring Meeting in Tucson, Arizona. See the complete list.
Expert Speaks on COVID-19 At 2020 Spring Meeting
March 11, 2020
With all the information coming in each day about COVID-19, the College was fortunate enough to have Pia MacDonald, PhD, MPH, CPH, an infectious disease specialist and epidemiologist with RTI International, speak during the 2020 Spring Meeting in Tucson. Her remarks were titled, "COVID-19 Epidemic: The Good, The Bad, The Ugly." Read More
The American College of Trial Lawyers Issues Statement Opposing Attacks on Judges
March 5, 2020
The American College of Trial Lawyers (The College) today issued a statement opposing attacks on United States Supreme Court Justices, stating that such attacks are a direct threat to judicial independence. Read More
ACTL Issues Statements Opposing Attacks on Judges
February 14, 2020
The American College of Trial Lawyers (The College) issued a statement opposing attacks on judges, stating that such attacks are a direct threat to judicial independence. Read More
Spring 2020 Journal Now Available
February 12, 2020
The latest issue of the Journal can now be viewed online. A print version will be arriving in the mailbox soon. This issue features a recap of the speakers from the 2019 Annual Meeting in Vancouver. It also features a new section, "Meet Our New Inductees," and a story on three Fellows and their connection to the B-17 "Flying Fortress" of World War II. Click here to view.
February eBulletin is Now Available
February 5, 2020
The latest issue of the eBulletin can be viewed online. Read More
Fellows Travel to Saipan for Pacific Judicial Council Trial Practice Training
February 5, 2020
Fellows traveled to Saipan to participate in the 3-day Pacific Judicial Council's Trial Practice Training. Read More