Recently, the Connecticut Bar Association (CBA) members about a message posted by President Maggie Castinado, President-Elect James T. (Tim) Shearin, and Vice President Emily A. Gianquinto warning them about criticizing the prosecutions of former President Donald Trump. The message from the bar leadership is chilling for those lawyers who view cases like the one in Manhattan as a raw political prosecution. While the letter does not outright state that such criticism will be considered unethical conduct, it states that the criticism has "no place in the public discourse" and calls on members to speak publicly in support of the integrity of these legal proceedings.
The statement begins by warning members that "words matter" but then leaves the ramifications for bar members dangling on how it might matter to them. They simply note that some comments will be viewed as "crossing the line from criticism to dangerous rhetoric."
According to the CBA, it is now considered reckless and unprofessional to make analogies to show trials or to question the integrity of the legal system or the judges in such cases.
The CBA is warning lawyers that such comments can cross the line. The letter assures members that they are free to criticize, but warns that attacking the ethics of a judge or the motivations behind these cases is dangerous and could spark violence.
The concern is not with the plea for lawyers to take care that their comments do not encourage such "aggressive tactics." The problem is the suggestion that lawyers are acting somehow unprofessionally in denouncing what many view as a two-tier system of justice and the politicization of our legal system.
For those lawyers who view such prosecutions as political, they are speaking out in defense of what they believe is the essence of blind justice in America. What is "reckless" to the CBA, is righteous to others. Notably, CBA officials did not write to denounce attacks on figures like Bill Barr, or claims that the Justice Department was rigging justice during the Trump years.
Ironically, the letter only reinforced the view of a legal system that is maintaining a political orthodoxy and agenda. These officials declare that it is now unprofessional or reckless for lawyers to draw historical comparisons to show trials or to question the motives or ethics underlying these cases. They warn lawyers not to "sow distrust in the public for the courts where it does not belong." Yet, many believe that there is an alarming threat to our legal system and that distrust is warranted in light of prosecutions like the one in Manhattan.
The point is that the bar association also has a duty to protect the core rights that define our legal system, particularly the right of free speech. Our legal system has nothing to fear from criticism. Indeed, free speech strengthens our system by exposing divisions and encouraging dialogue. It is orthodoxy and speech intolerance that represent the most serious threats to that system.
You voice has power and when used should be used for good. However, the term good is subjective. It is not the role of an individual or a group to try to silence them by defining for them what they believe to be "right or good." You may not like what someone else has to say, but you will dislike it even more when you are silenced, when you desire to have a say.
If you need an advocate for your voice call us at Winslow Law 843-357-9301.
May God Bless You, Your Business, and the United States of America,
Tom Winslow
