CBA Record March-April 2024

PRESIDENT’S PAGE BY RAY J. KOENIG III The Role of Young Lawyers in Protecting the Rule of Law

The Chicago Bar Association www.chicagobar.org

President Ray J. Koenig III

First Vice President John C. Sciaccotta

the functioning of our democratic society, the protection of individual rights and lib erties, and the promotion of stability, jus tice, and economic development. The rule of law is under attack in our nation now more than ever in my lifetime. Political candidates, former government leaders, CEOs, and ordinary people have demonstrated disrespect toward the rule of law, including interference with law enforcement, attacks on the media and free speech, general abuses of power, and, importantly, challenges to judicial inde pendence. That last category, challenges to judicial independence, is in the most imminent danger because judges—and our system of justice—are necessary defenses of our democracy. The challenges the judiciary has faced and will face include: Attacks on Judicial Integrity: Frequent criticism of judges and judicial decisions, often via social media, undermines the perceived independence and integrity of the judiciary by suggesting that judges should align with a political agenda rather than uphold the law impartially. Politicization of the Judiciary: Appoint ments to federal courts, including the U.S. Supreme Court, have been perceived as driven more by ideology than by qualifi cations or impartiality. We cannot have nominations that favor individuals who are more likely to rule in line with certain political views, potentially compromising judicial independence. Undermining Public Confidence: Attacks on judges and the judiciary erode public confidence in the legal system. Executive branch attacks on the judiciary can lead to increased skepticism about the fairness and impartiality of court decisions.

Second Vice President Kathryn C. Liss

Secretary Trisha Rich Treasurer Nina Fain

Immediate Past President Timothy S. Tomasik

Executive Director Beth McMeen

A s a young attorney, I did not think much about whether the rule of law would continue to be a cor nerstone of our democracy. While imper fectly applied, it was non-negotiable in our nation’s way of life–or so I thought. Recently, though, the rule of law has come under direct and explicit attack from a loud and powerful political faction in our nation. Young lawyers in our profession must confront the possible erosion or ter mination of the rule of law head on and band together to protect it, regardless of discomfort, political views, or career risk. I have written before about the rule of law and why it matters. The rule of law is a foundational principle that signifies the supremacy of law in society. It holds that everyone, including individuals, govern ment officials, and institutions, is subject to and accountable under the law. The rule of law entails several key components: equality before the law, due process, legal certainty and predictability, accountabil ity, protection of fundamental rights, and separation of powers. It is fundamental to

BOARD OF MANAGERS Louis G. Apostol Tracy Brammeier Margaret Mendenhall Casey Naderh Elrabadi Anthony F. Fata Josie Gough Cynthia S. Grandfield Brian Haussmann Justice Margaret Stanton McBride Peter McNamara John Mitchell Jeffrey Moskowitz Judge Mary Rowland

Eirene N. Salvi Brendon Stark Kevin Thompson

Judge Allen P. Walker Matthew P. Walsh II

6 March/April 2024