Judiciary

Erosion of public confidence in courts spurs group from former state supreme court judges

Scott Bales

Judges take their obligation to rule on the law and facts very seriously, and it’s important to share that with the public, says Scott Bales, a retired chief justice of the Arizona Supreme Court.

Scott Bales, former chief justice of the Arizona Supreme Court, says he couldn’t just stand idly by as the country’s faith in the court system eroded.

“We’ve seen over the last several years a rising number of attacks and threats of attacks, unfortunately, on judges,” says Bales, who, after his retirement from the Arizona Supreme Court, served as executive director of the Institute for the Advancement of the American Legal System at the University of Denver in 2019 and 2020.

Late last year, he joined up with other former state supreme court justices to educate the public, and work with civic organizations, lawmakers, the media and others to explain the role and importance of an independent judiciary. The group, the Alliance of Former Chief Justices, announced its creation on Dec. 15, 2025, a day devoted to celebrating the Bill of Rights.

Bill of Rights Day was chosen to emphasize the group’s mission and connection to the rule of law, Bales says. President Franklin D. Roosevelt in 1941 dedicated Dec. 15 as a day to recognize the importance of the first 10 amendments to the Constitution, which were ratified on the same date in 1791.

Also a past chair of the council of the American Bar Association Section of Legal Education and Admissions to the Bar, Bales says he wanted to “be part of an effort to resist efforts to undermine the independence of the courts or erode public confidence in the courts.”

“We need to have judges who can issue decisions without concerns for partisanship or fear of reprisal,” he adds.

The alliance, which as of late February has 54 members, launched under the auspices of Keep Our Republic, an umbrella nonpartisan civic education organization.

Bales attributes the alliance’s formation to several other former state chief justices, including Thomas R. Phillips, a retired chief justice of the Texas Supreme Court.

Its emergence comes as sitting and retired judges have expressed concern about working in a threat-filled environment. In 2025, Chief Justice John Roberts warned about the danger of politicians targeting judges for heated rhetoric, saying “political people on both sides of the aisle” need to remember that there have been “serious threats of violence and murder of judges just simply for doing their work.”

Members of the newly formed chief justice alliance communicate by email and on Zoom. Bale says the group is planning to help efforts connected to Law Day, a national observance on May 1 dedicated to honoring the rule of law.

In addition, group members have been speaking out on the issues in interviews and in opinion pieces. Mark E. Recktenwald, a retired Hawaii Supreme Court chief justice, told Hawaii Public Radio that while sitting judges have limits on expressing their opinions, retired judges have more freedom to do so.

Judges, he says in the interview, “take very seriously their obligation to rule based on the law and the facts” and “it’s important to share that with people.”

Barbara J. Pariente, another Alliance of Former Chief Justices member, served for 21 years on the Florida Supreme Court, including two years as chief justice.

In a Feb. 10 opinion piece in the Tallahassee Democrat, she addressed claims of widespread voter fraud in elections.

“Members of the Alliance of Former Chief Justices speak out because we know where this path leads,” she wrote. “When trust in elections collapses, so does faith in the peaceful transfer of power, which is the cornerstone of our constitutional system.”

The ABA has adopted several resolutions and policies to enhance the safety of judges and promote the rule of law. The House of Delegates passed its most recent resolution at the midyear meeting in early February opposing threats and acts of violence, harassment and intimidation directed at judges, personnel and their families. The resolution also encourages bar associations, law schools and civic organizations to respond to attacks that threaten judicial independence and safety.