The United States of America is at a critical moment in its legal history. Lawyers and judges increasingly are the targets of threats, intimidation, and retaliation.
At this time in our history, I am reminded that lawyers have unique duty to stand up not only for the judiciary, but also for the Rule of Law. As lawyers, each of us swore an oath to the U.S. Constitution and, if admitted in Utah, to the Constitution of Utah. As lawyers, we have a special relationship to the judiciary, the judicial system and to the Rule of Law. We are its guardians.
The Rule of Law involves fundamental principles of accountability, just laws, open government, and accessible and impartial justice. The Rule of Law holds the government, as well as private actors, accountable under the law. The Rule of Law ensures that the law is clear, understandable, and applied fairly with impartiality. The Rule of Law protects constitutional and procedural rights, as well as property and contract rights. The Rule of Law promotes open government, including how laws are adopted, administered, and signed into law so that laws are accessible, fair, and impartial. Finally, the Rule of Law fosters and protects access to impartial justice, which is timely delivered by competent, ethical, and independent judges, who have sufficient resources and who reflect the communities they serve.
According to the World Justice Project (“WJP”), the United States of America is falling behind as the legal role model for the rest of the world. According to the WJP, the United States is now ranked 26th out of 140 countries in its safeguard of the Rule of Law. According to the WJP, the United States ranks 115th out of 140 countries for the accessibility and affordability of its civil justice system. The United States also ranks 103rd out of 140 countries for the absence of discrimination.
At a time when lawyers and judges are increasingly under attack, I remain hopeful that Utah lawyers can stand up for the Rule of Law, continue to support the Utah judiciary, and remain the bedrocks of our judicial system. As officers of the Court, Utah lawyers understand how important the Rule of Law is to our ability to serve the public and the community.
Without the Rule of Law, and a fair, impartial and competent judiciary, attorneys would be unable to serve the citizens of Utah. The law is a service profession, grounded in the Rule of Law, and made possible only by the respect and collective support citizens of the United States have for our judicial system.
In a complex time, I would encourage each of us as lawyers to remember our special role as officers of the court to protect and serve the Rule of Law and to stand up for our independent judiciary.
