President's Message

Scott Buell, Buell Law and Mediation

When I was a first-year law student many years ago, my constitutional law professor began the semester by posing an intriguing question to the class: Why do we accept the United States Supreme Court's interpretation of the law as final? I hadn't previously considered the 'why'; behind it; I had simply taken it for granted. His explanation fascinated me: it's the same reason we can exchange green and white pieces of paper and agree they have a set value. It's a collective choice to believe in and uphold this system. Decades later, that insight still reverberates with me. But what happens when a growing number of citizens stop believing in the integrity of our judicial system and the rule of law?

In recent years, we have witnessed a disturbing trend aimed at delegitimizing the court system and undermining the legal process. This trend manifests in various forms, from the public denouncement of court decisions and the questioning of judicial integrity to the outright politicization of legal outcomes. Such actions are not merely rhetorical; they strike at the very core of our democracy, threatening to erode the public's trust in the judicial system and the rule of law.

Certainly, throughout the history of this country, the judicial system has too often been used against people of color, women, and the economically marginalized. I saw this firsthand as a public defender in New York City during my first fifteen years of practicing law. But what we are seeing now is different; prominent politicians, those with every privilege and economic advantage our system offers, are, without basis, challenging the legitimacy of our criminal justice system and the rule of law. Even after felony convictions, they continue to use digital bullhorns to spread this doubt. These statements serve to undermine public trust in the judicial system and challenge the rule of law, which is foundational to a democratic society.

As attorneys, we find ourselves on the frontline of this battle. When we take the oath in this state to become an attorney, we solemnly swear to support the U.S. Constitution and the California State Constitution. When I was sworn in as MCBA President, I took an oath to preserve, protect, and defend the U.S. Constitution to the best of my ability. How can we best respond to the challenges posed by those who claim the system is corrupt, rigged, or weaponized? I would argue it is incumbent upon us as attorneys to speak out against efforts to delegitimize our judicial system. Moreover, we can help to better educate the public on how the legal system works and the importance of judicial independence.

What role, if any, should MCBA play in addressing these issues? Our mission statement is “to involve, encourage, and support bar association members, to serve as a liaison to the Marin County courts, and to educate the community and enhance access to legal services.” don’t think it’s hyperbole to recognize that the integrity of the judiciary is foundational to the rule of law, and any baseless assault on this integrity is an assault on the principles of justice and fairness that underpin our society. I would suggest this is not a political concern as much as an existential one. But there are no easy answers.

Later this month, I will be attending a webinar by the National Conference of Bar Presidents entitled ‘21st Century Lawyer: Ideas to Action: How Your Bar Can PromoteThe Rule Of Law Right Now.’ I am hopeful this presentation will provide valuable insights and strategies that could inform and benefit our efforts. I look forward to sharing what I learn with all of you.

These are certainly challenging times for our profession. I would like to ask for your thoughts on what action, if any, MCBA can or should undertake to support and uphold the rule of law and to counteract those who seek to erode trust in our legal institutions. Please share your suggestions with me so we might develop an effective strategy to address these pressing issues and reinforce the public's confidence in the integrity of our judicial system.