Since the foundation of our country in 1789, it has been an article of faith that all citizens, including government officials, have the duty to support the Constitution by adhering to the Rule of Law. The Founders established Three Co-Equal Branches of government, each with distinct duties and responsibilities. The Judicial Branch is comprised of the Courts and the judges sitting on those courts interpret and apply the laws of the land. It is incumbent on all citizens and public officials to acknowledge the distinct role of the Courts and to defend Judges from unwarranted attacks.

Adherence to these principles is critical for the administration of justice, the respect our citizens have for the law and our legal system, and for the smooth functioning of our public and private affairs. Without faithful commitment to these principles, there would be chaos.

Recently, there have been disturbing developments which threaten to undermine the Rule of Law as it applies to Judges and the Courts. For example, Judges who have ruled against the government have been targeted with personal attacks. There have also been numerous calls for the impeachment of judges by high government officials who were unhappy with rulings against the position of the administration.

Recently, even the President of the United States has repeatedly called for the impeachment of a federal judge who entered a ruling against the government. This attack by the President led John G. Roberts, Jr., Chief Justice of the United States Supreme Court, to issue a rare public statement:

For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.

The Constitution provides that a federal judge can only be impeached for “high crimes and misdemeanors”. This process was primarily intended to address corruption cases such as bribery of a judge. It was not intended to be used for political gamesmanship or as a way to intimidate judges.

Since a vote of 67 Senators is required to remove a federal judge from office, it is extremely unlikely that a judge impeached for partisan political purposes would be removed from the bench. However, a judge impeached by a majority of the members of the House of Representatives would have to endure the spectacle of a Senate trial. Such an ordeal would send a chilling message to other judges that they could suffer a similar fate if they failed to side with the administration in cases that come before them. It is easy to see how such a state of affairs would threaten the independence of the judicial branch of our government and undermine the Rule of Law.

The attacks on judges violate the principles discussed above and undermine respect for the Rule of Law. Moreover, they threaten the personal security of judges, their families and their court personnel. These attacks far exceed the bounds of decency and decorum. They are dangerous and must be condemned.

While a decision of a judge can be criticized, it is unacceptable for public officials to target the judge with personal attacks because they disagree with the ruling. As noted by the Chief Justice, the response to an adverse ruling is to appeal that ruling to a higher court, not threaten the judge.

Georgia lawyers all took an oath to support the Constitution. Therefore, Georgia lawyers need to stand up and speak out in defense of the judicial branch of our government and against unwarranted attacks on judges that undermine the Rule of Law.