MCBA speaks out in support of judicial independence

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Recent attacks in the local news on judicial decision-making in Rochester highlight the need to reaffirm the importance of an independent judiciary.

When a judge is attacked for a legal decision, the judge is prohibited under applicable ethical rules from responding publicly. Media reporting that upon inquiry, a judge declined to comment or referred an inquiry elsewhere is misleading and undermines the community’s trust in the judiciary.

Because the public may not be aware of this prohibition, attorneys and the bar association have a duty to raise it — and the media likewise has an obligation to acknowledge it in its reporting.

Imparting significance to a judge’s silence in the face of any attack or complaint concerning the judge or matters before the judge is inappropriate.

We speak out to highlight the importance of an independent judicial branch in ensuring the rule of law and providing checks and balances to the other branches, all of which are equal. Judges must be permitted to make decisions based on the law and facts, free from political influence or pressure.

A judge’s ability to exercise discretion in decision-making is a crucial aspect of judicial independence. We remind the public that there are legal processes in place to challenge legal decisions. We also urge the public to defer to those legal processes when a judge’s discretion is challenged. The lodging of personal attacks on judges in the media undermines public confidence in judicial integrity and independence.

The Monroe County Bar Association will continue to engage in dialogue on these issues and provide education as appropriate.

The Monroe County Bar Association (MCBA), originally established in 1892 as the Rochester Bar Association, is a nationally recognized leader among local voluntary bar associations. With a proud history spanning over 120 years, the MCBA is dedicated to advancing justice, promoting public understanding of the law, and supporting the professional growth, excellence, collegiality, and diversity of its members.

As a strong advocate for the legal profession, the MCBA plays an active role in collaboration with bar associations across New York State and the country. Its innovative programs and initiatives have earned it statewide and national acclaim.

For more information about the MCBA, please visit www.mcba.org.