The meetings the next day were conducted
in the East Conference Room. The first
panel was about Free Speech and the Internet/
Copyright and New Technologies and
included contributions from Justice Kagan,
as well as Former Regent and First Circuit
Judge William Kayatta and Secretary Rick
Deane. The next panel discussed the Rule of
Law and Global Security moderated by Past
President Doug Young. His panel included
Justice Breyer. The group then toured the
Capitol which had just reopened to public
tours since being closed as a result of the January
6, 2021 riot. Dinner was served in the
Library of Congress where we were greeted
by Aslihan Bulut, Law Librarian of Congress.
The next day we initially gathered in the
Great Hall of the U.S. Supreme Court for
opening remarks on the Rule of Law and an
Independent Judiciary delivered by Justice
Breyer and Deputy President of the United
Kingdom Supreme Court Lord Hodge,
the leader of the delegation from the United
Kingdom. We then moved back to the
East Conference Room for a panel on Human
Rights and Civil Liberties moderated
by Marshall Scholar Lady Arden, Retired
Justice of the United Kingdom Supreme
Court. The next panel was on Climate and
the Courts and was moderated by Fellow
Adam Peck. Secretary-Designate John Day
then moderated a panel on Virtual Justice
and Jurisprudence Post-COVID which included
Justice Sotomayor. The final panel
discussed the Separation of Powers and was
moderated by Marshal Scholar Kannon
Shanmugam with participation from Justice
Gorsuch. This was our first Forum with
the Association of Marshall Scholars and
provided great exposure for the College
with some of the leading jurists and lawyers
from the United States, Canada, and the
United Kingdom.
Canadian Chief Justice Wagner, UK Supreme Court Lord Hodge, U.S. Supreme Court
Chief Justice Roberts, and Chief Justice of Northern Ireland Siobhan Keegan enjoying
dinner in the U.S. Supreme Court
JUDICIAL INDEPENDENCE
Defending judicial independence has been a core value of the College.
Attacks by politicians and the public on judges have become increasingly
commonplace. The College’s policy on public statements cautions restraint
when making any statement that could affect the collegiality of the College.
The ACTL Guidelines for Public Statements states:
“Although not included among our core missions, collegiality is as important
as any of those missions, and no statements should be made
which unduly threaten our collegiality by taking a position on one
side of a matter of genuine and divisive controversy.”
For this reason, our Executive Committee and the Board of Regents is reluctant
to weigh in with official positions of the College concerning matters
which are reasonably in dispute. We recognize some Fellows believe we are
saying too much on the rare occasions we do weigh in on an issue, and
other Fellows believe we aren’t saying enough on some of the important issues
of the day. As many Past Presidents have said, the American College of
Trial Lawyers is not a bar association. We are a collection of the finest trial
lawyers in the United States and Canada who enjoy each other’s company
and camaraderie.
However, I did feel compelled to express my personal opinion on two subjects
this year. First, in the June 2022 eBulletin, I expressed my concerns
about the illegal protests and picketing at home locations of U.S. Supreme
Court Justices as a result of the leak of the Dobbs draft opinion. These
protests were designed to intimidate the Justices to rule in a certain way
on a particular issue and also threaten the independence of the Judiciary.
The Rule of Law requires judges to exercise independent judgment based
on the facts and legal arguments presented to them without undue influence
or apparent efforts to intimidate them. There are criminal statutes in
place limiting the free speech rights of protesters that target judges in the
vicinities of their courthouses or homes. These statutes are consistent with
fundamental First Amendment principles. Such protests are not consistent
with the principles of judicial independence that are central to the core mission
of the College. Full opportunity can and should exist for the exercise of
our rights to freedom of speech and expression and everyone has a right for
their views to be heard in an appropriate manner. Shortly after I wrote my
article in the eBulletin, a potential assassin who indicated an intent to harm
Justice Kavanaugh was found outside his home with a gun and a knife.
Thankfully, the potential assassin was apprehended before he was able to
commit any deadly crimes. It is my hope that we can find ways to engage
in robust debate on the important issues of our day without resorting to
inappropriate attempts to intimidate the judiciary.
FALL 2022 JOURNAL 14