Lawyers and bar associations should defend judicial independence, new report says
Lawyers and bar associations should step up efforts to defend judicial independence, according to a report released Monday. (Photo illustration by Sara Wadford/ABA Journal/Shutterstock)
Lawyers and bar associations should step up efforts to defend judicial independence, according to a report released Monday by the Berkeley Judicial Institute at the University of California at Berkeley School of Law and the Rule of Law Lab at the New York University School of Law.
Based on interviews conducted with 34 federal judges between ctober 2025 and July 2026, the report found that escalating threats, intimidation, harassment and disinformation targeting judges are straining the federal judiciary.
The report, titled Threats to the Independence of the Federal Judiciary, argued that lawyers have an interest in preserving public confidence in the courts and are better positioned than judges to actively engage in public advocacy. The report also specifically cited Comment 3 to Model Rule 8.2 of the ABA Model Rules of Professional Conduct encouraging lawyers “to continue traditional efforts to defend judges and courts unjustly criticized.”
“While some bar associations and professional legal networks have issued statements in defense of judicial independence, these efforts could be significantly expanded. Indeed, every lawyer takes an oath to uphold and defend the Constitution, of which an independent judiciary is a foundational part,” according to the report.
The report cited the ABA’s work to defend the rule of law and the judiciary, including its March 3, 2025, statement rejecting efforts to undermine the courts and the legal profession.
Retired U.S. District Judge Jeremy Fogel of the Northern District of California is the executive director of the Berkeley Judicial Institute and a contributor to the report.
Fogel told Law.com that lawyers have “a direct stake in an independent judiciary and in the rule of law and in public confidence in the system” and can explain concepts such as judicial independence and checks and balances to the public, according to a story by Law.com.
The report also recommended that public officials across the political spectrum refrain from efforts to intimidate federal judges, and that Congress should actively support an independent federal judiciary.
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The ABA is committed to judicial independence and championing the courts
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