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Lawyers must protect democracy now

By Mary L. Smith

August 1, 2024, 2:40 am CDT

We are at a defining moment in our country. Over the last four years—most strikingly on Jan. 6, 2021—we have seen violent attacks on our democratic institutions. Make no mistake, we are facing a concerted, strategic campaign to destabilize the electoral process and disenfranchise voters. Threats to public officials and their families have skyrocketed, with threats to federal judges jumping 150% from five years ago.

Disappearing trust

Though not as visible—but perhaps more pernicious—is the serious erosion of trust in our democratic institutions, particularly among young people. A 2024 national poll by the Harvard Kennedy School’s Institute of Politics indicates the lowest levels of confidence in institutions of our democracy among 18-to-29-year-olds nationwide since the survey began over 20 years ago.

As lawyers, it is our oath to uphold justice and the Constitution, not with passive recitation but with an active duty to guard democratic values. Disturbingly, many lawyers are not fully engaging with their ethical obligations under the weight of these challenges, diminishing the profession’s role as keepers of democracy and the rule of law.

It is time for us, especially the younger generation of lawyers, to work to restore trust in our elections and the rule of law.

Bar associations’ role

The ABA Task Force for American Democracy is our collective response to this crisis. We are working to secure fair elections, maintain judicial independence and educate voters on their crucial role in ensuring our democracy remains intact. As part of this work, we have conducted listening tours in key states such as Georgia, Michigan and Pennsylvania to engage local legal professionals who can support election workers and serve on rapid response teams, among other grassroots initiatives.

State and local bar associations are also stepping up. In Washington state, for example, the Board of Governors of the bar association recently approved an innovative public engagement plan to increase public awareness of the law and the legal system.

There is much more work to be done. Many more state bar and voluntary affinity bar associations are needed to join in the common cause to support and defend our democracy.

The crucial work ahead

Lawyers are more than practitioners of law—we are custodians of democracy. Every lawyer must begin immediately to engage more robustly, to advocate more loudly and to act with greater resolve.

We must protect those who oversee our elections, ensuring their safety and supporting their crucial work. We must empower, educate and protect voters to ensure they can exercise their rights freely and fairly. We must work to ensure civics are embedded into the fabric of our society—for everyone from students to those in the workforce to seniors.

We must safeguard our judiciary. Trial court judges in particular have been under increased assault from baseless attacks and need us to speak up in their defense to preserve the impartiality and credibility of our legal system.

Each of us takes an oath when we become attorneys to uphold the Constitution and to protect the rule of law. This oath should carry us forward every single day. We must hold our peers accountable and ensure every member of the profession delivers on this commitment and obligation. We must hold anyone accountable who undermines democracy.

The stakes have never been higher. The cost of failure is the very practice of our profession—and the very foundation of this nation.

It has been an honor and a privilege to serve as your ABA president. The resilience and steadfast support for the rule of law demonstrated by our members are the pillars upon which our democratic values rest. As I pass the baton to my successor, Bill Bay, I wish him great success in leading our association forward.