Calling for Recognition of Judicial Independence

NACDL is deeply concerned that the statements by House Majority Leader DeLay and Senator Cornyn threaten the independence and integrity of the judiciary, which is essential to the liberty of every citizen, ............

WHEREAS, House Majority Leader Tom Delay, referring to the recent tragic death of Terri Schiavo, recently stated that “The time will come for the men responsible for this to answer for their behavior….”;

WHEREAS, Senator John Cornyn, a member of the Senate Judiciary Committee, thereafter suggested that recent courthouse violence might be explained by distress about judges who allegedly are “making political decisions yet are unaccountable to the public”; Senator Cornyn stated that the frustration “builds up and builds up to the point where some people engage in” violence;

WHEREAS, these statements were made shortly after the tragic murders of a judge in Atlanta in his courtroom, allegedly by a defendant in a criminal case who was trying to escape, and of the mother and husband of a federal judge in Chicago, allegedly by a mentally ill plaintiff upset at the dismissal of his civil lawsuit;

WHEREAS, there is continuing dispute in the Senate over the standards and procedures for judicial nominations, including whether the rules should be changed regarding the number of votes required to shut off debate, and whether or how the religious beliefs of judicial nominees should be considered;

NOW, it is hereby

RESOLVED, that the NACDL is deeply concerned that the statements by House Majority Leader DeLay and Senator Cornyn threaten the independence and integrity of the judiciary, which is essential to the liberty of every citizen,

RESOLVED, that the NACDL calls on House Majority Leader DeLay and Senator Cornyn to retract their statements and reaffirm the fundamental importance of the independence of the judiciary as a co-equal branch of the federal government in accordance with the Constitution,

RESOLVED, that the NACDL calls on President George W. Bush to condemn these statements and to urge respect for the rule of law and the independence of the judiciary,

RESOLVED, that the NACDL calls upon all our elected officials to deal with the issues facing us using the voice of reason, with respect for those who disagree, and without hatred or malice,

RESOLVED, that the NACDL calls upon all lawyers and bar associations, at the national, state and local level, to give top priority to defending in a non-partisan manner the independence and integrity of the judiciary by all necessary and proper means, including writing letters to Congressional representatives, issuing statements to the public and the media, developing ways to respond rapidly to attacks on the judiciary, and working with judges’ associations, law schools, professors and law students, and community groups, and

RESOLVED, that May 1, 2005, being Law Day, the NACDL urges all our elected officials, judges, lawyers, bar associations, judges’ associations, law schools, professors and students, and community groups, and the media, to mark this year’s Law Day by reaffirming the fundamental importance of the rule of law and our respect for the independence and integrity of the judiciary.

New York, New York

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products