Defense Counsel Journal

President's Page - Volume 91, Number 2

June 28, 2024

“Commitment to the rule of law provides a basic assurance that people can know what to expect whether what they do is popular or unpopular at the time.” Sandra Day O’Connor

On a recent trip to Washington, D.C., I found myself with some downtime and decided to take a walk. My wandering led me to both the Lincoln and Jefferson Memorials. The quiet of my stroll in our nation’s capital afforded me the opportunity to think about the extreme challenges these two former American presidents faced during their lifetimes (for Jefferson – it was pre-presidency: the drafting of the Declaration of Independence precipitating the American Revolution and his service as the United States’ first secretary of state; for Lincoln – it was his presidential leadership during the American Civil War and his courage to defeat the scourge of slavery with reason and military might). The resolve with which these two presidents led (aided by innumerous men and women) molded and solidified the rule of law into the living, governing principle it is today in American society. It is what connects my countrymen, diverse and opinionated as we are, to our American democracy. The rule of law is something we must respect. It is what allows us to enjoy our individual liberties freely and openly.

A recent American success is the collaborative efforts that led to the successful amendment to Rule 702 of the Federal Rules of Evidence. This necessary change should cure admissibility abuses and inconsistencies that were undermining trust in the rule of law. The IADC worked hand in hand with LCJ and other defense groups to effectuate this change. Eric Lasker and Joshua Leader are active, effective leaders who provided their considerable talents to the effort. I encourage you all to read their article, “New Federal Rule of Evidence Rule 702: A Circuit-by-Circuit Guide to Overruled ‘Wayward Caselaw’” in this edition of the DCJ. It is an excellent work. 

But diligent respect for the rule of law is not solely an American value. It is an international value. As your president, I have had the privilege to travel the world as your representative. I have seen respect for the rule of law and the freedom that respect fosters in visits to Mexico City, Vancouver, and the capitals of Western Europe, countries with strong democracies with citizens who are free to connect with others. I have listened to my colleague from Kenya discuss elections in her country and the rapid progress being made there. I have listened to a non-lawyer friend in Istanbul explain the complexities of democracy in Turkey and her hopes and dreams for the Turkish Republic. The common thread of all is a commitment to the rule of law as the foundation stone for a free and happy society – a society in which personal connections may be built and maintained across borders and cultures.

A recent swing through Asia brought additional insight and personal enlightenment. I visited our members in Hong Kong in May where our colleagues hosted IADC members from at least ten countries. Many of you have read the challenges the legal system in Hong Kong (long a bastion of liberty) is facing. The commitment the local lawyers there, indeed the Hong Kong Bar Association, officially, to the rule of law in the face of these challenges is truly remarkable. What many of us take for granted is under stress in Hong Kong, and to witness lawyers standing up for the rule of law and individual freedoms is inspiring.

On to Taiwan where a very happy democracy thrives in a land of stunning beauty. This ordered and respectful country lives under complex circumstances; yet its people, led by lawyers and a robust legal system that is respected, live relatively normal lives in a model democracy that is open and free.

The Asian trip ended in Japan – arguably the most successful democracy of post-World War II, having shed its centuries-old imperial government to rise from the ashes of military defeat to become a beacon of democracy in the East. To walk in the twin steps of history and the modern age in cities such as Hiroshima, Kyoto, and Tokyo, is to appreciate truly what the rule of law can achieve.

While I am not naïve enough to think there are no issues in the countries I mention, and my own country is no exception, when we witness the current distress in many corners of the globe – some front-page news, others less well-known – what I can write with confidence is a commitment to the rule of law will solve many ills. A dedication to the rule of law is what connects us as lawyers. It is what connects us as members of the IADC family. It is what should connect us as citizens of the world. It is my hope that each of you will pause to think what you can do to promote the rule of law in your community. It is why I encouraged IADC members to connect across borders and boundaries when I started the journey as IADC President. For me, the year of doing so has been educational and inspiring.

In closing, I thank Marsha Piccone, DCJ Editor, Peter Pizzi, DCJ Editor-Elect, and the Board of Editors of the DCJ for their hard work and unwavering commitment to uphold the standard of excellence of the Defense Counsel Journal. This edition continues that tradition.

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