Illinois State Bar Association Statement Upholding Judicial Independence and the Rule of Law
The Illinois State Bar Association (ISBA) stands in support of the Rule of Law and an impartial and independent judiciary. Embodied in the U.S. Constitution, for 236 years these foundational principles have contributed significantly to an ordered society, the preservation of individual rights, checks and balances on excessive government actions, and a firm confidence by the public that access to equal justice is available to all.
Recent federal Executive Orders, policy statements, and extemporaneous public statements attempt to delegitimize these foundational American principles. These have included attacks on the separation of powers (i.e., the executive, judicial, and legislative branches of the federal government), democratic checks and balances, and respect for long-established laws and societal norms. Of specific concern to lawyers and the ISBA, there has been an assault on the judiciary for its lawful exercise of judicial power, when exercised to invalidate or provide due-process rights for those affected by these Executive Orders and actions. It is for these reasons that the ISBA joins with the American Bar Association in condemning these attacks and expressing our steadfast support for our judiciary and the Rule of Law.
Illinois attorneys take an oath to uphold the U.S. and Illinois constitutions, and the foundational principles embodied therein. Marbury v. Madison affirmed the judiciary’s role as a coequal branch of government with the authority to invalidate laws and executive actions that are in conflict with the Constitution. Illinois attorneys are also bound by rules of professional conduct to promote the public’s confidence in the Rule of Law and the justice system, and to defend judges and courts unjustly criticized for their pursuit of these foundational principles. As the largest bar association of Illinois attorneys, we take our responsibility to the courts, and the public, seriously.
The ISBA calls upon its members to speak out against assaults on the foundational principles of our democracy from whatever source those assaults originate. We demand that our judiciary be able to function free of political interference and without threats that undermine its judicial independence. We must continue to insist that the law be upheld consistently and equally, and to hold our institutions accountable when they fall short of this responsibility.
Illinois is proud of its history of attorneys and judges standing up for the judiciary and the Rule of Law. We will continue to educate the public on the importance of an independent judiciary and stand shoulder to shoulder with those who seek to protect and preserve our system of constitutional democracy.
February 21, 2025
Illinois State Bar Association
Additional Illinois Bar Associations Joining in the Statement:
- The Decalogue Society of Lawyers
- FALA -Chicago (Filipino American Lawyers Association of Chicago)
- HLAI, Serving the Hispanic Lawyers of Illinois
- The Muslim Bar Association of Chicago
- The Puerto Rican Bar Association
Member Comments (16)
I'm for judicial independence, standing up for the judiciary and the Rule of Law, but we also have a duty to call out judicial misconduct when it occurs. For example, in a recent hearing in Talbott v. Trump, concerning the validity of an Executive Order involving the military, a federal judge appears to have acted engaged in hostile and egregious misconduct toward an attorney appearing before her. See the letter of complaint sent by the Department of Justice regarding the conduct of U.S. District Court Judge Ana C. Reyes, at https://x.com/MaryMargOlohan/status/1893040495544144299/photo/1. No attorney should have to endure the type of conduct described in that letter.
You are assuming the truth of the letter. That may be difficult to do,
I believe all attorneys know of Marbury v Madison and also took an oath.
No need to lecture us just because you may not like the new administration..
"ISBA joins with the American Bar Association in condemning these attacks"
ABA is not ISBA.
Per your request, I SPEAK OUT against the ABA for stating that a President can unilaterally declare a constitutional amendment. I don't believe ISBA spoke out against that total nonsense.
https://bidenwhitehouse.archives.gov/briefing-room/statements-releases/2...(ABA,become%20part%20of%20our%20Constitution.
ISBA now puts out this drivel without one example or cite. "Recent federal Executive Orders, policy statements, and extemporaneous public statements attempt to delegitimize these foundational American principles. "
Who decided to make this statement and why didn't they sign the statement?
The only name I see is ISBA employee Timothy A. Slating.
Marshall-don't blame Tim Slating, he is the ISBA Director of Communications. He's responsible for posting and publicizing the statement, not writing it. Statements like this generally are conceived by the President, and made the official ISBA position statement by action of the Executive Committee (that is to say, president, president elect, second and third VPs and immediate past president). ISBA officers are responsible for this, not ISBA staff. Should any member have a comment about the statement issued as the official position of the ISBA, I would encourage you, Marshall, and all of our members to contact the officers, for it was they who endorsed and supported the statement, and let them know your thoughts, since they represent you and all 28,000 members of ISBA. I was always happy to hear from our members when I was president, whether they agreed with me or not, and I'm sure the current officers feel likewise.
Marshall-I need to clarify. In this instance, the BOG debated and approved the statement at their February 21st meeting. I erroneously assumed that action was taken by the officers as we sometimes did in the past, as I was unaware of the 2-21 meeting. I apologize for misleading you.
Thank you to the ISBA for putting out this important statement. Regardless of your opinion on the politics of the current Administration, as an organization of Lawyers it is important for us to speak out against the blatant disregard for the Rule of Law that this administration is showing in their methods of attempting to achieve their goals. If laws and judges orders can be ignored, then lawyers become superfluous and we lose our relevance as an organization, not to mention the damage it does to our institutions and Country. What-aboutism and purposeful ignorance of what is going on does not serve the Lawyers of Illinois, nor does silence on the issue. I am proud of the ISBA leadership for putting out this statement and look forward to the ISBA continuing to stand up for the Rule of Law and the Lawyers of Illinois.
As a Past President of the ISBA, I fully support the statement of the Board of Governors. The Rule of Law and the Judiciary are under unprecedented attack. Lawyers and Bar Associations have an obligation to scrutinize the Judicial system as every other branch of our government, but personal attacks on the Judiciary are not warranted and threats to remove Judges based on their rulings does not support the Rule of Law. In my opinion what is going on within our government needs the closest of scrutiny and the Courts and Rule of Law is all that stands between our freedoms and tyranny.
I did not know that by joining this organization that I was delegating to them the power to express my politics. To that extent, I just sent from this statement that was issued.
*Dissent not just sent
I agree with the statement by the Board of Governors and thank them for having the courage to issue it. Support for the Rule of Law and the Judiciary is important whatever your views of this Administration.
What should happen when a judge violates his code of conduct and blatantly supports one political party with his egregious action by insulting attorneys appearing before him and also disregarding the Rule of Law. That is the issue and isba's position is totally wrong . I will not quite the org in protest because it need members who call it out when the leadership is full of itself.
Respectfully, I am not understanding why the ISBA position is "wrong". The ISBA statement has nothing to do with the action of the Judge mentioned in the first comment. That is not the issue being addressed. The ISBA is not supporting any action of the Judge mentioned. The ISBA is speaking out on the concept of the Rule of Law which must be followed.
First, I have to edit the "name". I am now retired. I don't want to give the impression that I am still on the bench. Not sure how to change the profile.
Many of those disagreeing with the statement are missing the point. Donald Trump has flouted the constitution and laws of both state and federal governments for many years. The issue is not whether you support he or his policies.
The issue is that he says, in his own words; "I am the Law". He said those words at a press conference of governors to the governor of Maine.
Where was the ISBA Board of Governors when the prior administration was threatening to add justices to the Supreme Court after Roe was overturned? Cheering on the attacks on the separation of powers, the attacks on democratic checks and balances, and the attacks on long-established laws and societal norms, I suspect.
"I want to tell you, Gorsuch; I want to tell you, Kavanaugh: You have released the whirlwind and you will pay the price," Senate Minority Leader Chuck Schumer roared Wednesday to a crowd of protesters angry over a Louisiana case before the court that threatens abortion rights. "You won't know what hit if you go forward with these awful decisions."
Senate Democrat Majority Leader Chuck Schumer. March 3, 2020. Crickets from this organization.
Don't tell me the timing of this virtual signaling was coincidence or non-partisan. Orange Man Bad should not be the battle cry of the ISBA. If it were not for double standards, you would have no standards at all.
Thank you for taking a stand on upholding the rule of law. It is something all attorneys should agree on. It is not political as some would like for us to believe. We attorneys swore to uphold the constitution and the rule of law. I've been writing about it myself over the past year and a half so I appreciate attorneys through our bar associations finally speaking out: https://www.acslaw.org/person/james-jim-saranteas-esq/