Protecting the Judiciary

Kudos to the Maryland State Bar Association for publishing Articles Launching Unfair Personal Attacks Against Maryland Judiciary Must Stop | Maryland State Bar Association.  The article supports a Maryland Judge who was criticized in the media in what the MSBA called an “unjustified personal attack against a sitting judge, who, by law, is not allowed to respond.”  The media coverage centered on “rulings in cases involving child offenders.”  The MSBA added: “Notably, cases that fall under the jurisdiction of Maryland’s Juvenile Justice System are strictly confidential, and judges overseeing such cases are prohibited from commenting publicly.”

Interestingly, Bloomberg Law recently published Maia Spoto, California Lawyers Warned Against Speech ‘Disparaging’ Judges (Jan. 22, 2025).  While that article focuses on lawyers who are critical of judges, it states: “Lawyers who say things that threaten or try to threaten judges could face discipline, according to the newly available draft alert from the California State Bar’s Committee on Professional Responsibility and Conduct.”

This is an issue that the Hon. Paul W. Grimm (ret.) has also brought to the forefront. Judge Paul Grimm: The Judiciary is Under Attack.  Lawyers Need to Defend It – E-Discovery LLC (Oct. 24, 2023).

Maryland has enacted protective legislation.  Maryland’s Protection of the Judiciary (Apr. 10, 2024).

The American Bar Association has issued  Statement on Threats Against the Judiciary (Apr. 8, 2024).  However, it was, in my opinion, a bit slow in coming.  See I Hear Crickets From the American Bar Association About Threats Against Colorado Justices (Jan. 7, 2024).

I have written several blogs, including Threats Against the Colorado Supreme Court Must Be Called Out (Dec. 23, 2023).

In his OpEd, Judge Grimm asked and answered an important question: “So, who will defend the judges and the judiciary? The answer is clear: The legal profession must—now, and with a renewed sense of urgency.” [emphasis added]. P. Grimm, OpEd: Legal Profession Must ‘Speak Out’ Against Unfair Attacks (Oct. 24, 2023).

It is great to see the Maryland State Bar Association doing that.

UPDATE:  Editorial Advisory Board, Judges aren’t above criticism, but reporting should be fair (Feb. 28, 2025)(“With the tragic murder of Judge Andrew Wilkinson in 2023, it is important to hold two values at the same time; 1) that our society can question or disagree with a judge’s ruling, and 2) that coverage calling a judge’s ruling into question must present a fair and accurate representation of a judge’s inability to respond, and to the limited impact of one ruling….  While we believe no judge is above reproach for decisions they have made, we do believe that reporting on those decisions must be fair and honest.”).