The ABA held its Annual Meeting in Chicago from July 31 through August 6, 2024. My report on the last meeting was likely glanced over; for those who did read it, it probably came across a little heavy-handed in promoting the ABA for Idaho attorneys.[i] By now, I hope anyone who reads this will understand my feelings about the ABA, its vital role for American lawyers, and the benefits it offers.

As the ABA’s Executive Director said during the meeting, “It can be challenging to convey the value of ABA membership to all lawyers, given the diversity of experience and areas of practice.”[ii] I’m always open to talk, and hold out hope someone will take me up on that offer at some point.

One of the coolest experiences I have had since becoming a lawyer took place the first morning of the House of Delegates meeting—a Naturalization Ceremony was held on the floor of the House of Delegates.[i] This was an incredibly moving experience that reminded me of what it should mean to be a citizen of this country. The 20 people who participated had given up everything to come to our country, leaving behind all past allegiances.[ii] To me, they embodied what the American Dream truly is, or should be: an opportunity to make more of ourselves than what we were before. If you haven’t had an opportunity to witness a naturalization ceremony, I would strongly encourage you to do so.

As part of the Annual Meeting, I was able to help plan one of the Showcase CLE’s, a panel titled, “Safeguarding Public Officials: Protecting Judges, Civil Servants, and the Rule of Law.”[iii] What stood out to me from that panel is that there are issues facing public officials around the country that are, frankly, unsettling. There seems to have been an erosion of our respect for those who serve in public positions over the course of my life—a problem that doesn’t seem to be getting any better. I wish I had an answer for how to fix that, but I have nothing—if any of you have any ideas, I would love to hear them.

I ask that, only partially in jest; in all honesty, I would love to hear any thoughts on how to help restore faith in our public officials due to two things that have happened since my last report. First, I have been appointed to the House of Delegates Committee on Issues of Concern to the Legal Profession;[iv] and, second, I have the honor of serving as the Vice Chair of the Judicial Security Committee of the Judicial Division this coming year.[v]

I have accepted these positions because I want all of you to know that the person representing Idaho is not just a warm body in a seat—that the person serving all of you in this position is committed to making things better for Idaho attorneys. I accepted these positions because I believe in the greatness of the Idaho Bar, and I want to do everything I can to show attorneys across the country the great things from the Idaho State Bar—something I get to experience on a day-to-day basis. I also want to make sure that Idaho is not forgotten or ignored in discussions of issues that would impact Idaho attorneys.

Idaho now has a voice in one of the main Committees in the House of Delegates, and a voice in a committee dedicated to making sure that each of you is safe when you step foot in a courthouse anywhere across the country. But in addition to discussing how to fix the attacks on public officials in general, there are a few things specific to each of these positions I would like to ask.

In regards to the House of Delegates Committee on Issues of Concern to the Legal Profession, I would love to hear from Idaho’s lawyers about what issues they feel are a concern to the legal profession: What are Idaho lawyers are concerned about? Should Idaho’s lawyers be concerned about the lack of attorneys in many of our counties?[vi] How have national programs impacted Idaho, for good, or for bad?

For the past few months, the Judicial Security Committee drafted and has been seeking support for a Resolution related to this Bill that was presented to the House of Delegates, a Resolution, I am happy to say, passed unanimously.[vii] This Resolution centered around a Bill currently (as of the time I’m writing this) before the U.S. House—the Countering Threats and Attacks on Out Judges Act, S.3984 and H.R. 8093.[viii]

This Bill would create a State Threat Intelligence and Resource Center within the existing State Justice Institute.[ix] Now, if you’re like me, the first question that comes to mind is, “What is the State Justice Institute?”[x] On their website, it states, “The State Justice Institute (‘SJI’) was established by federal law in 1984 to award grants to improve the quality of justice in state courts, and foster innovative, efficient solutions to common issues faced by all courts.”[xi]  In other words, what they do is help provide funding that might not be available at the State or local level for State Courts to study and implement better ways of doing things.

The Countering Threats Bill would expand on that by taking a myriad of approaches to State judicial security—where they even exist at all—and consolidate them into one place that would be charged with improving judicial security everywhere. The State Threat Intelligence and Resource Center would be responsible for monitoring threats, providing technical assistance and training to enhance and heighten judicial security, developing standardized incident reporting, and creating a national database for the reporting, tracking, and the sharing of threat information.[xii] This bipartisan legislation has already passed the US Senate by a unanimous voice vote, with no amendments,[xiii] and is currently pending before the House. I am proud that one of Idaho’s Representatives, Rep. Simpson, has signed on as a co-sponsor of that Bill.[xiv]

There may be some who are wondering why a bill like this is even needed. It’s unfortunate that we need to have this discussion at all; however, we live in a world where threats against judges and court staff are on the rise.[xv] What (unfortunately) is expected are the threats or attacks from people who have appeared in court,[xvi] or from those who feel someone they know was wronged by the justice system.[xvii] What is more concerning are those threats or attacks that have happened from people with no obvious connection to what is happening within the justice system. These types of threats are not just limited to one jurisdiction, or geographic area.[xviii]

Just last year, we saw an individual fly across the country with the intent to assassinate a sitting U.S. Supreme Court Justice,[xix] all because they didn’t agree with a leaked decision that Justice was part of.[xx] We have also had law enforcement stirring up the passions of the masses in response to judicial decisions they felt didn’t go the way they wanted them to.[xxi] As my good friend, Judge John Allen said when introducing our Resolution, “Old boundaries we used to respect, old boundaries that were set in place have been eroded and decayed to the point where judges have become targets for people who don’t have the character or integrity to restrain themselves when things simply just don’t go their way.”[xxii]

This all applies closer to home, as well. Here in Idaho, we have seen judges here in Idaho threatened because of their decisions.[xxiii] Some of these threats were from our fellow Idaho citizens, but others came from citizens of other States who were summonsed to Idaho by individuals with nationwide reach.[xxiv] Judges are leaving the bench because of threats,[xxv] and two reasons why many may not be applying for judicial positions are the heightened security concerns and increasingly polarized political environment judges find themselves stuck in.[xxvi]

I want to close with something the now Past-President of the ABA, Mary Smith, said during her outgoing message to the House of Delegates. She discussed how “trust in our institutions, particularly our courts, is integral to our democracy.”[xxvii] “Noting that these are extraordinary times, she said this is our defining moment and urged that we use the moment to vote and to support the judiciary, free and fair elections, and freedom of the press.”[xxviii] The President-Elect, Michelle Behnke of Wisconsin, talked about the upcoming 250^th anniversary of the Declaration of Independence and using that in conversations to discuss “how, in a democratic society, the law serves as the bedrock upon which our freedoms and rights are built.”[xxix] This is what I believe in, why I do what I do. I am proud to serve Idaho’s Bar, and would look forward to any comments, concerns, or criticisms anyone may have.

Endnotes:

[i] https://www.americanbar.org/news/abanews/aba-news-archives/2024/08/hod-witnesses-naturalization-ceremony/.

[ii] https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test/naturalization-oath-of-allegiance-to-the-united-states-of-america.

[iii] See https://www.americanbar.org/news/abanews/aba-news-archives/2024/08/defusing-violence-against-judges-under-attack/.

[iv] See, “Committee on Issues of Concern to the Legal Profession (Special Committee)” https://www.americanbar.org/groups/leadership/house_of_delegates/committees-of-the-house-of-delegates/.

[v] See https://www.americanbar.org/groups/judicial/committees/judicial-security/.

[vi] See “2020 ABA Profile of the Legal Profession,” https://www.americanbar.org/news/abanews/aba-news-archives/2020/08/legal-deserts-threaten-justice/.

[vii] See, generally, Note ix, supra.

[viii] S.3984 and H.R.8093, 118^th Cong. (2024).

[ix] See Resolution 516, https://www.americanbar.org/content/aba-cms-dotorg/en/news/reporter_resources/annual-meeting-2024/house-of-delegates-resolutions/516/.

[x] https://www.sji.gov/.

[xi] Id.

[xii] See Section 3 – https://www.congress.gov/bill/118th-congress/house-bill/8093/text.

[xiii] See https://www.congress.gov/bill/118th-congress/senate-bill/3984/all-actions.

[xiv] See https://www.congress.gov/bill/118th-congress/house-bill/8093/cosponsors. Thank you, from me, personally, Representative Simpson, for putting your name on this vital piece of legislation.

[xv] See https://www.uscourts.gov/statistics-reports/facilities-and-security-annual-report-2022#:~:text=There%20also%20has%20been%20a,by%20judges’%20decisions%20in%20cases.

[xvi] See https://www.newsobserver.com/news/local/article290347534.html.

[xvii] For a more in-depth discussion of some of these threats and instances, see “The Evolving Nature of Security Threats to Judges,” By Judge Herbert B. Dixon Jr. and James L. Anderson, The Judges Journal (Vol. 62 No. 3 – Security in the Administration of Justice) https://www.americanbar.org/groups/judicial/publications/judges_journal/2023/summer/evolving-nature-security-threats-to-judges/.

[xviii] Id.

[xix] https://www.abajournal.com/news/article/armed-man-accused-of-threatening-kavanaugh-is-arrested-near-the-justices-home.

[xx] Id.

[xxi] While I have personal experience with this exact situation, I am, unfortunately, not alone in this experience. See https://www.ktvb.com/article/news/crime/local-shock-and-disappointment-canyon-county-sheriff-reacts-to-early-release-of-convicted-child-kidnapper/277-70b162ee-59ef-4710-89f2-d682ff35c5f7.

[xxii] See https://www.abajournal.com/web/article/resolution-516-2024ABAAnnual.

[xxiii] See Note xxii, supra.

[xxiv] See, e.g., https://www.eastidahonews.com/2023/07/threats-fears-and-ammon-bundy-the-bully-a-look-at-st-lukes-defamation-case-so-far/.

[xxv] Chief Justice Bevan discussed this in his State of the Judiciary address to the Idaho Legislature earlier this year. See, https://isc.idaho.gov/sites/default/files/press-release-documents/SOJ-2024-final.pdf, p.7 (discussing former Magistrate Judge Michelle Mallard’s experiences).

[xxvi] See 2022 Judicial Recruitment Bar Survey Report and Findings, p.5, https://isc.idaho.gov/sites/default/files/press-release-documents/2022-Recruitment-Survey-Web.pdf.

[xxvii] See Select Committee Report, p.5.

[xxviii] See Select Committee Report, p.5.

[xxix] See Select Committee Report, p.11.

Endnotes:

[i] See ABA Midyear Report. Advocate, Vol.67, No. 5 (May 2024), pp.32-34.

[ii] See, Select Committee Report, p.6, https://www.americanbar.org/content/dam/aba/administrative/house_of_delegates/select-committee-reports/2024-annual-select-committee-report.pdf.