CBA Record March-April 2024

Executive Overreach: Attempts to exert influence over the judiciary, whether through public statements or policy decisions, represent an overreach of executive power. This can create a per ception that the executive branch is attempting to undermine the constitutional principle of separation of powers, which is essential for maintaining checks and balances in our system of government. Erosion of Norms: The disregard for traditional norms and standards of behavior, including those relating to the judiciary, has raised concerns about the long-term stability of democratic institutions. Breaking with established practices sets a precedent that future leaders may follow, potentially further eroding inde pendence of the judiciary and other branches of government. We have seen an array of institutional forces working together to fundamentally change our nation–and erode the rule of law. This should terrify us as attorneys, as we are charged with protect ing the rule of law as a cornerstone of our democracy. That means that all lawyers, especially young lawyers, must take action. Young lawyers can and must stand up and speak out to protect the rule of law. Beyond getting involved in political campaigns and movements, young lawyers must work to preserve judi cial independence, locally, nationally, and internationally. Why should young lawyers care? There are many reasons, including: • Preservation of the Rule of Law: Judicial independence is essential for upholding the rule of law. Without an indepen dent judiciary that is free from undue influence or interference, the rule of law cannot be effectively upheld. Young lawyers, as advocates for justice, should be invested in protecting and pre serving judicial independence. • Fairness and Impartiality in Legal Proceedings: Judges who are free from external pressure or bias can make decisions based on the merits of the case and application of the law, rather than political considerations or personal interests. This fosters confidence in the legal system and ensures that indi

viduals receive fair treatment under the law. • Protection of Individual Rights and Liberties: Judicial inde pendence serves as a safeguard against government overreach and protects individual rights and liberties. An independent judiciary can serve as a check on the other branches of govern ment, ensuring that laws and policies comply with constitu tional principles and respect individual rights. Young lawyers who are committed to defending the rights of their clients should recognize the importance of an independent judiciary in safeguarding those rights. • Professional Integrity and Ethical Standards: Upholding judicial independence is essential for maintaining the integrity and ethical standards of the legal profession. Lawyers have a duty to uphold the rule of law and respect the independence of the judiciary as an institution essential to the administration of justice. By advocating for judicial independence, young law yers demonstrate their commitment to the ethical principles and professional standards of the legal profession. • Long-Term Impact on Democratic Institutions: The strength of democratic institutions, including an independent judiciary, depends on the active engagement and participation of citizens, including lawyers and legal professionals. Young lawyers have a stake in the long-term health and vitality of democratic institu tions and should be actively involved in efforts to protect and strengthen judicial independence for future generations. Judicial independence is not only a foundational principle of the legal profession but also a cornerstone of democracy and the rule of law. Young lawyers have a responsibility to advocate for and defend judicial independence to ensure that the legal system remains fair, impartial, and accountable to all individuals. The future of our democracy hangs in the balance–and all lawyers, especially young lawyers, must act now, regardless of political views or allegiances. Too much is at stake to sit this one out.

Write for the CBA Record Magazine The CBA Editorial Board is seeking new members. Board members guide the overall content and vision of The Record , our member magazine, as well as write articles on current events in the law and issues of general interest to the legal community of Chicago. The Board meets monthly on the first Tuesday of the month via Zoom. If you are interested in joining the Board, please submit your resume/CV and 2 writing samples to CBArecord@chi cagobar.org by May 1, 2024. You must also be a member of the CBA. Our author guidelines and past issues can be found at www.chicagobar.org/ record. New members will be appointed to the Board in Summer 2024.

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