Some bar associations respond to Trump’s verbal attacks on judges, law firms

The American Bar Association and the Trump administration have been battling it out ever since President Donald Trump took office in January.

The ABA, in an uncommon move, filed a lawsuit against the federal government for its attempts to freeze funding for the United States Agency for International Development. The ABA argued that it was not justified beyond aligning with Trump’s “policy agenda.”

Earlier this month, the Justice Department announced its lawyers are barred from attending any ABA events.

The U.S. Attorney for the District of Columbia stated that it won’t hire anyone affiliated with law schools that have diversity, equity and inclusion initiatives. That decision targeted Georgetown Law School.

Trump has also made moves against several Democratic-leaning law firms, denying security clearances for certain attorneys and barring the hiring of certain firms by the federal government unless they bend to a more conservative world view.

In response to Trump’s calls for judges to be taken off the bench due to how they have ruled on recent high-level cases, the ABA has released a flurry of statements about its commitment to the rule of law.

More than 50 bar associations joined the ABA in condemning “government actions that seek to twist the scales of justice.”

“We support the right of people to advance their interests in courts of law when they have been wronged,” the statement said. “We reject the notion that the U.S. government can punish lawyers and law firms who represent certain clients or punish judges who rule certain ways.”

No bar associations in Indiana were among those that joined the statement, but one did consider it.

Indianapolis Bar Association President Lee Christie said the association discussed whether or not to sign on to the ABA’s statement, but decided against it.

“I think as a bar association, we have all different kinds of members with different views. And so what we do is we have a public policy committee that reviews what statements we want to make,” Christie said. “So, we considered it and decided that it wasn’t appropriate for us to join in that statement.”

He said the ABA has released a lot of statements on the subject and it felt like they could lose their effectiveness.

Christie did, however, write a “President’s Message” in the IndyBar section of The Indiana Lawyer on Feb. 26, where he discussed the association’s commitment to the rule of law.

“As members of the legal profession, we are uniquely positioned to come together to promote a deeper understanding of the rule of law, the U.S. Constitution, and how our democracy strives to serve all citizens,” Christie wrote.

He concluded by announcing a “Rule of Law Initiative” that is focused on educating communities about the fundamental principles that support democracy.

The Indiana State Bar Association President Michael Jasaitis said the association “has always been, and continues to be, steadfast in our support of the rule of law.”

“Throughout our nation’s history, the rule of law has been the fabric of our country, and it is woven into every aspect of our lives,” Jasaitis said. “Our organization’s unwavering commitment to constitutional principles and the independent administration of justice remains as strong as ever.”

Teaming up

The ISBA and IndyBar are teaming up for one of the Rule of Law Initiative’s first events next month.

On May 1, attorneys and judges will gather at the Birch Bayh Federal Building and U.S. Courthouse to reaffirm their commitment to the Oath of Attorney, which will be administered by Southern District Judge Sarah Evans Barker.

“This event will provide a meaningful opportunity for attorneys throughout the state to publicly reaffirm our professional oath and demonstrate our collective commitment to upholding the Constitution,” Jasaitis said.

Asian Pacific American Bar Association of Indiana, Defense Trial Counsel of Indiana and Indiana Trial Lawyers Association have also signed on to co-host the event.

“When attorneys gather to collectively reaffirm our oath, as we will on May 1st, we send a powerful message about the legal profession’s unwavering dedication to justice and is a tremendous reminder of the fundamental responsibilities we all assumed when we entered this noble profession,” Jasaitis said.

Indiana Supreme Court Justice Christopher Goff will be speaking at the event.

Christie said most people don’t look at the oath again after taking it when they are first sworn in.

“It really does reaffirm what our obligations are as a legal profession and as an attorney,” Christie said.

He said he thinks it will be a fun and enlightening event and hopes the public can see the duty attorneys and judges have sworn to uphold.

“The legal profession has a duty to protect everybody and protect the rights of all people, regardless of a political figure or a higher up person, that everybody has to follow the rule of law, and that the Constitution is there to protect everybody, that everybody has equal access, and that the courts have the right to review decisions that are made to determine if they’re appropriate or not,” Christie said.

Christie added that with the change in the presidential administration and the attacks on the judiciary and educational institutions, he saw a need to educate the public on the role of the judiciary and attorneys and hopes they can do that with the rule of law initiative.

“The public politicians shouldn’t criticize and demean the judiciary, because it really just hurts the credibility and the trust that we have in democracy, in our justice system, you have to have a justice system or else the democracy is going to fly out the doors,” Christie said.•