This is an op/ed signed by 72 N.C. lawyers, including several former judges.

Recent threats to the Rule of Law — such as the harassment of judges and the suggestion that judicial orders can be ignored — are deliberate, dangerous, and wrong. The signers of this statement unequivocally oppose these attacks and urge you to do the same. The Rule of Law, administered by a fair, impartial, and independent judiciary, is a cornerstone of our democracy.  Undermining the Rule of Law is a clear threat to the freedoms we all enjoy in America.

The Rule of Law is embedded in our Constitution which protects us, WE THE PEOPLE.  To “secure liberty,” the Founding Fathers created an intricate network of checks and balances, including the separation of powers delegated to the federal government. Congress was assigned the power to make federal laws; the President the duty to enforce federal laws; and an independent judiciary the power to interpret federal laws for all purposes, including determining their constitutional validity. Under this framework, the judicial branch is to be independent from encroachment by the executive and legislative branches of government. The doctrine of separation of powers has been adopted by the states and in North Carolina the doctrine is specifically enshrined in Article I, Section 6, of the North Carolina Constitution, which was adopted 12 years before the adoption of the United States Constitution.

The Rule of Law is the process of governing by laws that are applied fairly and uniformly to all persons by a fair, impartial and independent judiciary. Because the same rules are applied in the same manner to everyone, the Rule of Law protects the civil, political, economic, and social rights of all citizens, not just the rights of the most vociferous, the most organized, or the most powerful. Applying the Rule of Law in accordance with due process is the sum and substance the courts, through their constitutionally delegated power, are obligated to perform.

Central to the judiciary’s ability to exercise its constitutional role is the concept of judicial review — the final power of the courts to declare acts of either the legislative or executive branches of government to be contrary to the Constitution. When the courts tell the legislative branch or the executive branch that they have violated the law, the offending branch should and must obey those decisions. If they do not, the rights and privileges of “WE THE PEOPLE” amount to nothing.

For more than two centuries, these principles have shielded us from arbitrary and abusive governmental action, regardless of which political party controlled the executive or legislative branches. But now our long-established judicial system is under threat. Judges who are merely fulfilling their constitutional duties face calls for impeachment, online harassment, and threats of violence. Even worse, many of these threats are coming from elected officials and public figures with large followings.

Criticizing and challenging a judicial decision on its merits is proper and to be expected. The Constitution protects the right of citizens to speak out when judges get it wrong, and to challenge their decisions through a robust appellate process. But it is quite another thing to undermine the judiciary by personally attacking judges or by threatening to disregard court orders simply because one does not like the outcome of a case.

It is wrong and morally repugnant that our judges — who, because of their ethical and professional obligations, have a limited ability to speak out against such attacks — are enduring threats of harm to themselves and their families. It is equally wrong that recent events have forced law firms, businesses, organizations, colleges and universities, and many dedicated public servants to make the difficult choice of when and how to stand up for the Rule of Law and our constitutional principles when doing so might jeopardize their families and livelihoods.

But these pressures, which will only grow worse, make it all the more important for each of us to voice our support for the Rule of Law and to make it clear that threatening judges and our independent judiciary is both un-American and wrong.

All of the signers of this statement took an oath to support and uphold the Constitution. The oath does not set out exemptions to that paramount duty. Consistent with that oath and our professional obligations, we individually and collectively condemn the use of threats and intimidation to discourage judges from impartially and fairly applying the Rule of Law. We likewise condemn broader efforts to undermine the public’s confidence in the Rule of Law and our judicial system.

We urge others to join in standing up for the Rule of Law and an independent judiciary. The Rule of Law is not an abstract principle; nor is it a value that only the judiciary is obligated to protect. Each of us can and must preserve it every day by making clear to our elected representatives, our friends, and our neighbors that the Rule of Law administered by a fair, impartial and independent judiciary must be supported, defended, and protected.

SIGNERS:

Gerald Arnold, Judge, retired, North Carolina Court of Appeals; Charles L. Becton, Past President of the North Carolina Bar Association and former Judge of the North Carolina Court of Appeals; W. Louis Bissette, Past Chair, UNC System Board of Governors, Past President, Wake Forest University Alumni Association, former Mayor of the City of Asheville; Richard T. Boyette, Past President of the North Carolina Association of Defense Attorneys; Martin H. Brinkley, Dean and William Rand Kenan Distinguished Professor University of North Carolina School of Law; Walter  E. Brock, Jr., former President of the Wake County Bar Association, and North Carolina State Bar Councilor and member of the North Carolina Disciplinary Commission; Wanda Bryant, Judge, retired, North Carolina Court of Appeals; Charles E. Burgin, Past President of the North Carolina Bar Association and Past Chair of the North Carolina Chapter of the American Carolina College of Trial Lawyers; Michael A. Colombo, Past President of the North Carolina Bar Association; Preston Cornelius, retired Superior Court Judge; Jack Cozort, Judge, retired, North Carolina Court of Appeals and former Director of the Administrative Office of the Courts; Jasper (“Jack”) Cummings, Jr., Esq.; Kearns Davis, Past President of the North Carolina Bar Association; Richard L. Doughton, retired Superior Court Judge;  Alan W. Duncan, Past President of the North Carolina Bar Association; Ann Reed Dunn, Past President of the North Carolina State Bar; H. Glenn T. Dunn, former General Counsel to the North Carolina Department of Environmental Quality; Sam J. Ervin, IV, Associate Justice, Supreme Court of North Carolina (retired); James G. Exum, Jr., retired, Chief Justice of the Supreme Court of North Carolina; William H. Freeman, Retired Superior Court Judge and Chair of the North Carolina State Ethics Commission; John N. (“Nick”) Fountain, Esq.; James L. Gale, retired, Senior Judge, North Carolina Business Court; E. D. Gaskins, Jr., Past Chair Senior Lawyers Division; Jane P. Gray, retired District Court Judge, Past President of the Wake County Bar Association; Paul W. Grimm, U.S. District Judge (retired), Director, Bolch Judicial Institute, Duke Law School; Dan M. Hartzog, Esq.; Robin Hudson, retired Associate Justice Supreme Court of North Carolina; Robert (“Bob”) C. Hunter, Judge, retired, North Carolina Court of Appeals; M. Keith Kapp, Past President of the North Carolina State Bar; Mark E. Klass, retired Superior Court Judge; J. Rich Leonard, Dean of Campbell Law School and former U. S. Bankruptcy Judge; Jack Lewis, retired Superior Court Judge, retired, JAGC US Naval Reserve; David Long, Esq.; Constance McLean Ludwig, Esq.; Maria M. Lynch, Past President of the Tenth Judicial District Bar; George B. Mast, Past President of the North Carolina Bar Association; Julian Mann, retired Chief Judge, Office of Administrative Hearings; Howard E. Manning, Jr., retired Superior Court Judge;  Marty Martin, JD, MPA; Charles K. McCotter, Jr., retired United States Magistrate Judge, Eastern District of North Carolina;  Larry S. McDevitt, Past President of the North Carolina Bar Association, Past President of the UNC Law Alumni Association,  and  former Mayor of the City of Asheville; Linda McGee, retired, Chief Judge of the North Carolina Court of Appeals; William C. McKinney, former General Counsel to Governor Roy Cooper; Julia W. Merricks, Esq., retired VP In House Counsel;  Burley Bayard Mitchell, Jr., retired, Chief Justice of the Supreme Court of North Carolina; John Mitchell, JD, CFP; Joseph (“Jody”) C. Moore, III, Esq.; Robert F. Orr, retired, Associate Justice, Supreme Court of North Carolina; Joseph H. Mitchner, Esq.; J. Wilson Parker, Professor of Law, Wake Forest University School of Law; Karen Britt Peeler, Esq., Mediator;  Eugene E. Pridgen, Past President of the North Carolina Bar Association; J. Norfleet Pruden, III, Past President of the North Carolina Bar Association; Brandon A. Robinson, Past President of the Durham County Bar Association;  John M. Silverstein, Past President of the North Carolina State Bar; Larry B. Sitton, Past President of the North Carolina Bar Association; D. Clark Smith, Jr., Past President of the North Carolina Bar Association; Shane T. Stansbury, Robinson Everrett Distinguished Fellow, Duke Law School; Hugh Stevens, founding member and former chair of the NCBA Section on Constitutional Rights and Responsibilities; Judge Donald W. Stephens, retired, Chief Resident Superior Court Judge, Wake County; Bob Stephens, former General Counsel to Governor Pat McCrory; Linda Stephens, former Judge of the North Carolina Court of Appeals; Richard E. Thigpen, Jr., Past President of the North Carolina Bar Association and the American College of Tax Counsel; Pat Timmons-Goodson, Dean North Carolina Central School of Law and former Associate Justice of the Supreme Court of North Carolina; Henry P. Van Hoy, II, Past President of the North Carolina Bar Association; Clarence “Ace” Walker, Past President of the North Carolina Bar Association; John R. Wester, Past President of the North Carolina Bar Association; Dewey W. Wells, Past President of the North Carolina Bar Association; Mike Wells, Sr., Past President of the North Carolina Bar Association; Willis P. Whichard, retired, Associate Justice of the Supreme Court of North Carolina; G. Gray Wilson, Past President of the North Carolina State Bar and the North Carolina Bar Association; James F. Wyatt, III, NC Chairman of the American College of Trial Lawyers.

*The views expressed herein are personal to each of signers. Titles and affiliations are provided for identification purposes.