First Statement

Introduction

We are Georgia Lawyers for the Rule of Law, a group of over 400 Georgia lawyers united by our belief that the current national administration has deployed a series of policies and actions that threaten the Rule of Law in our country.

We are so concerned about these developments that we felt it necessary to join together to speak up and tell our fellow Georgians why we believe these actions are dangerous and how they threaten our system of government.

This is our first public statement since forming Georgia Lawyers for the Rule of Law, Inc. (GLRL), and we decided we should begin by telling you who we are and why we started this initiative.

What is the Rule of Law? In order for a society to function in a civilized and effective way, there must be rules of conduct. These rules are our laws, enacted by our elected representatives. Ours is a nation ruled by the law, not by a monarch. We are all equal under the law, and we are all accountable to it. Everyone is bound to follow the law for the greater good. This principle is known as the Rule of Law.

The Rule of Law is incredibly important for the ordering of society. For instance, in a properly functioning system, legal disputes can be resolved through a fair and impartial process in our courts. This requires that judges be independent, unbiased, and free from external influences. At the same time, everyone, including government officials, is accountable under the law. This ensures that no one is above the law and that all actions, public or private, are subject to legal scrutiny. The Rule of Law principle contemplates that all individuals, regardless of their status or position, are subject to the same laws and are entitled to equal rights under the law.

One of the indicia of authoritarianism is when people are afraid to criticize the government for fear of retaliation. We have seen that phenomenon in our country in recent months. Some of our most powerful law firms have cowered in the face of threats by the administration. Great universities have been silenced by threats to deprive them of hundreds of millions of dollars in research grants. People who do business with the government or who work for the government are afraid to say anything that might offend those in power. This climate of fear is unprecedented in our lifetime and is dangerous.

At GLRL, we are committed to speaking out in defense of the Rule of Law when we see it under attack. In the coming weeks and months, we will be addressing a range of issues relevant to this discussion. Let us preview a few of our concerns for you.

Attacks on Judges and the Judiciary

High government officials have called judges names like “lunatic” and “idiot”. Those same officials have lied to courts, defied court orders and, in some instances, called for the impeachment of judges because they disagree with their rulings. Chief Justice John Roberts has spoken out against attacks on judges, emphasizing the importance of judicial independence. Judges routinely report receiving threats and abuse due to disagreements with their decisions. A functional judiciary requires that judges be independent and secure in their positions to decide their cases according to the law. Rulings of courts must be respected and obeyed, subject to the Rule of Law by appeal and review .

Intimidation of Lawyers and Law Firms

Lawyers have an important role in the administration of justice and the Rule of Law. Lawyers represent people who may be unpopular. Sometimes lawyers challenge the government. That is their job under the Rule of Law. Recently, we have seen lawyers and law firms threatened or retaliated against because of whom they represent or because they had cases against the government. Such threats and retaliation are wrong and are dangerous to the Rule of Law.

Due Process of Law

Due Process is a cornerstone of the American legal system, a fundamental guarantee set out in the Bill of Rights in the Fifth and Fourteenth Amendments to the Constitution. Due Process ensures that the government cannot arbitrarily deprive any person of life, liberty or property without a meaningful opportunity to be heard. We have watched the current national administration conduct a series of attacks on the Rule of Law, and, as lawyers who swore an oath to uphold the Constitution, we believe it is our duty to speak out forcefully against these attacks. We will discuss what that means for all people in this country and specifically how the Due Process rights of immigrants have been systematically violated and why that is a threat to all of us.

The Mission

By speaking out on these and other issues critical to the preservation of the Rule of Law as officers of the courts trained to abide by the Rule of Law, we hope to help our fellow Georgians appreciate our system of government, recognize the issues that face us, and to think critically about threats to our system.

We also have a committee of lawyers who have volunteered to engage in civic education about the Rule of Law by speaking to schools, churches, clubs, and all who wish to hear from us on subjects such as the Separation of Powers, the role of the courts and lawyers in our civil and criminal justice systems, and what it means to live under a democratic, republican form of government under our Constitution, the Supreme Law of the land.

In the coming weeks and months, we will be issuing position papers, writing op-eds, and making public statements in which we will discuss attacks on the Rule of Law, how they undermine our democracy, and how they may be adversely impacting Georgia, and Georgia citizens and non- citizens alike. With all this in mind, we look forward to leading frank discussions about the importance of preserving the Rule of Law, bearing in mind the response of Benjamin Franklin when asked at the Constitutional Convention in 1787, “Well, Doctor, what have we got, a republic or a monarchy?” Franklin replied, “A republic, if you can keep it”.

Sincerely,
Georgia Lawyers for the Rule of Law, Inc.