Herz for . . .

The following was shared via e-mail by the Connecticut Bar Association to its members on June 13, 2024. I share my response below.

Dear Members,

Words matter. Reckless words attacking the integrity of our judicial system matter even more.

In the wake of the recent trial and conviction of former President Donald Trump, public officials have issued statements claiming that the trial was a “sham,” a “hoax,” and “rigged”; our justice system is “corrupt and rigged”; the judge was “corrupt” and “highly unethical”; and, that the jury was “partisan” and “precooked.” Others claimed the trial was “America's first communist show trial”—a reference to historic purges of high-ranking communist officials that were used to eliminate political threats.

These claims are unsubstantiated and reckless. Such statements can provoke acts of violence against those serving the public as employees of the judicial branch. Indeed, such statements have resulted in threats to those fulfilling their civic obligations by sitting on the jury, as evidenced by social media postings seeking to identify the names and addresses of the anonymous jurors and worse, in several cases urging that the jurors be shot or hanged. As importantly, such statements strike at the very integrity of the third branch of government and sow distrust in the public for the courts where it does not belong.

To be clear, free speech includes criticism. There is and should be no prohibition on commenting on the decision to bring the prosecution, the prosecution's legal theory, the judge's rulings, or the verdict itself. But headlines' grabbing, baseless allegations made by public officials cross the line from criticism to dangerous rhetoric. They have no place in the public discourse.

It is up to us, as lawyers, to defend the courts and our judges. As individuals, and as an Association, we cannot let the charged political climate in which we live dismantle the third branch of government. To remain silent renders us complicit in that effort.

Respect for the judicial system is essential to our democracy. The CBA condemns unsupported attacks on the integrity of that system.

Sincerely,

Maggie Castinado, President, Connecticut Bar Association

James T. (Tim) Shearin, President-Elect, Connecticut Bar Association

Emily A. Gianquinto, Vice President, Connecticut Bar Association

I might respect this message if a similar message issues every time the press attacks the Supreme Court. Where was this organization when the press had fits about Dobbs v. Jackson, or New York State Rifle & Pistol Association, Inc. v. Bruen?

I was at a CLE two weeks ago at which Assistant Deputy Attorney General for Administration and Management Antoria D. Howard suggested that this bunch of smart attorneys should be able to find a way around Students for Fair Admissions v. Harvard.

I request that you distance our organization from such sentiments as well, especially when propounded by people who hold such prominent public office.

Where is this organization every time a conservative justice is harassed or it is suggested he stand down on some pretext?

It's only integrity when we apply the same standards to all actors. Anything less is politics.

You are right that “words matter.” This organization's measured silence speaks volumes as well.