Why We Celebrate Law Day
By Bion Gregory

On May 1 each year we celebrate Law Day. It presents a unique opportunity for judges and lawyers to retell the story of the law and its role in America’s democratic adventure.

As lawyers, we have a special role in explaining and defending the rule of law. It is our challenge to engage the public, to help them understand and support our system of law so that the spirit of the law may be strengthened and revitalized. Nowhere is this challenge more critically important than in helping the American public understand and appreciate the importance of truly independent courts and the role they play in preserving the rule of law.

The American people may have been exposed to theory about the rule of law in school, but it is our responsibility as lawyers to help them recall that this was at one time a revolutionary concept for which people were willing to put their lives and fortunes on the line.

It was precisely because of this history that the framers of the Constitution took pains to insulate federal judges from partisan political pressure by giving them life tenure during good behavior and providing that their salaries could not be reduced during their tenure. Likewise, the terms of office of our state judges extend beyond those of the elected officials of the other two branches of government.

The framers were very wise. Throughout American history, there have been periodic surges in the number and harshness of attacks on our courts. Generally, these attacks have come about because judges have properly done their job: they have administered the law without fear or favor, perhaps incurring unpopularity while upholding the law.

The American public is not to be trifled with when it comes to unfair criticism. They can see through the objective of the critic. Americans, nationwide, trust the courts, understanding that the founders set up a system of “checks and balances” in order to assure that there would be a non-political third branch in our government to balance the power of the political branches -- the legislative and the executive. In doing so, they acknowledged that the judicial system would be particularly vulnerable to political attacks from critics inside the government and outside. The founders were confident that the judicial system could and would survive and flourish.

The power of the state and federal courts, established by constitutions, has earned the respect and support of Americans who understand that many difficult and controversial matters must be decided in a politically impartial manner. The decisions are often naturally controversial because the legal principles upon when they are made flow directly from the constitutions themselves, and constitutions are written in order to survive politically turbulent times. The American people understand that our system of democratic governance, with its independent courts, is much-admired around the world and that many new emerging democracies are modeling their court systems after our system.

The justice system works best when it is free of partisan influence. When our nation was confronted in the 1950s and 60s with the last vestiges of slavery -- embodied in segregation and Jim Crow laws -- the executive and legislative branches seemed paralyzed -- unwilling or unable to act. But a few courageous federal judges in the South stood up to political pressure and personal threats, stood tall, struck down discriminatory law after discriminatory law, and moved the nation forward into a new era of integration.

We trust our judges to conduct themselves honorably, to apply the law impartially and even-handedly, and to base their decisions on the law and not on their own personal beliefs. Even though we recognize that judges often come to the bench with a political past, we expect and demand that they set their politics aside and rule based only on the law.

The true role of the judge is not to be a caricature in a made-for-television sitcom, where the viewer tunes in for entertainment and then clicks to another channel. The true role of a judge is not to be reduced to a 25-second sound bite on the evening news. The true role of a judge is not to be shaped by pressure groups promoting a particular outcome.

Rather, the true role of a trial or appellate judge is to uphold the rule of law and ensure that justice is done. This principle is at the core of our democracy. This critically serious business requires that a judge protect the rights of all participants in a trial as well as the public interest.

The judicial process requires time to unfold. It is deliberative and thoughtful, designed to ensure that all issues are carefully weighed and considered. It is designed to produce the truth. Without this careful and deliberate process, under the rule of law, the strong fabric that binds Americans together would fray and democracy would be weakened.

We must use the occasion of Law Day to convey our professional belief in the legal system, and its role in keeping America free. Our challenge is to help the American people understand all that the law does for them, and strengthen their allegiance to it. Law Day gives us a good platform for public education efforts of this sort. It enables us to reach out to teachers and schools, to the media, and to the public.