Insight

ABA President: There Are No “So-Called Judges” in America

Linda Klein on threats to judicial independen
Best Lawyers

Best Lawyers

February 16, 2017 01:23 PM

Linda A. Klein, president of the American Bar Association, discussed threats to judicial independence, the need for due process in immigration, and other timely topics in a speech on February 6 to the ABA’s House of Delegates in Miami. Klein is senior managing shareholder at Baker Donelson Bearman Caldwell & Berkowitz in Atlanta. Here is a condensed version of her remarks.

Good morning. Thank you all for being here in service to our profession and our country at this critical time. By representing all practice areas and settings across our great nation, you are the collective voice of all lawyers. Your work throughout the year and your presence here is vital, especially now.

Last night, unfortunately, the Patriots came from behind to win the Super Bowl. But here in Miami, football history means one thing: the 1972 Dolphins. That team did what no team has done since: 17 wins and no losses. That was a defining season.

So here we are, as lawyers, in the city of the Miami Dolphins, facing our own defining season.

What defines the American Bar Association at this critical moment? It is our commitment to the rule of law, due process, and access to justice. With these foundations, our country has weathered every crisis: civil war, world wars, economic depressions, and social unrest.

There’s been a lot of talk about protecting our borders. Let me tell you what the most important border is: it’s our Constitution and the rule of law it embodies. We as lawyers are called upon to protect it. As Winston Churchill put it, “Never give in. Never, never, never, never!”

Make no mistake, personal attacks on judges are attacks on our Constitution. Let us be clear. The independence of the judiciary is not up for negotiation.

As lawyers, we are trained to be thinkers and leaders—in our profession, in our communities, and in our society.

"So, lawyers: Let’s lead! Let’s lead by promoting and protecting the rule of law. Let’s lead in our communities. Let’s lead together, in this, our defining season."

For a nation based on the rule of law, nothing is more important than the impartiality and integrity of our court system. A fair and impartial judiciary is a proud hallmark of American democracy.

It is vital that our judiciary remains independent and free from political pressure­—independent from party politics, independent from Congress, and independent from the president of the United States himself.

There are no “so-called judges” in America. There are simply judges, fair and impartial. And we must keep it that way.

Another pressing justice issue is immigration. Every nation has a right to protect its borders. But we are concerned about significant portions of the executive orders recently issued. They jeopardize fundamental principles of justice, due process, and the rule of law.

The Supreme Court has held that many fundamental rights apply to all “persons” within the United States, regardless of citizenship or status. We must avoid sweeping bans based on religion or national origin. We oppose detention, except in extraordinary circumstances, such as a threat to public safety or flight risk.

And we insist on the right to due process and legal representation, including hearings before impartial immigration judges. Under the rule of law, we owe due process to all, including those who face deportation.

We are very proud of lawyers from around the nation who flocked to airports where immigrants were detained. It is important that lawyers represent their clients’ interests—even unpopular interests—without fear of retaliation or persecution.

Faced with these serious concerns, the ABA has acted—and acted quickly.

On Friday, the Law Practice Division Futures Committee and the ABA Center for Innovation accelerated a project to coordinate the volunteer efforts of lawyers responding to the president’s travel ban. Working with the American Immigration Lawyers Association, they helped set up a website in one afternoon, with links to relevant law, habeas resources, how-to-help guides, and volunteer forms.

The website is live now at www.immigrationjustice.us. The groups worked together and completed the project in less than half a day, during this Midyear Meeting and at zero cost.

Thank you to everyone involved. Great work! This is a new model that will enable us to respond to events quickly, so the ABA and our members can make a difference.

Another critical issue we face is adequate funding for the Legal Services Corporation. Our commitment with state and local bars to LSC is stronger than ever. The LSC provides hope and help to hundreds of thousands of Americans every year. It is a bipartisan necessity.

Reforming criminal justice should also be bipartisan. Thank you to the lawyers who helped inmates through the Clemency Project 2014. They ensured that many men and women convicted of low-level, nonviolent federal offenses received fair sentences. Of the more than 1,700 men and women granted commutations under President Barack Obama, more than half were supported by the Clemency Project. ABA members and other volunteers—backed by policies adopted by this House—made that happen.

And here's another way the ABA is changing lives, this time for young lawyers.

In December, the ABA filed suit against the U.S. Department of Education. This is an issue of fairness. Lawyers and others were promised that their student loans would be forgiven if they dedicated 10 years of their new careers to public service. Many young lawyers made life-changing decisions based on this promise.

And then the Education Department told some lawyers that their jobs no longer qualified for loan forgiveness, nine years into the 10-year program. That was unfair, a betrayal of not just a promise, but a violation of the law, one passed by Congress and signed by President George W. Bush to encourage public-service work. That’s why the ABA sued on behalf of these public-spirited young lawyers.

Our lawsuit is also a stand for access to justice. We want young lawyers to become public defenders, prosecutors, and city attorneys. We want them in rural counties where lawyers are scarce or serving immigrants or children in foster care or low-income litigants who can’t afford representation. We should encourage those choices.

So how do we meet the challenges of our defining season? We meet them together. Like America, the ABA’s strength is its diversity, and we need every member’s contribution.

This is the ABA’s defining moment: to show our relevance to our profession and the public. To hold power accountable. To insist on fundamental respect for our laws and the people they protect.

At the ABA, we work together. We protect the rule of law. We defend the Constitution. We are lawyers. We took an oath, and these are our values. We will never give in. Never, never, never, never.

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky