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PRESIDENT'S MESSAGE
Defenders of the Rule of Law A few weeks ago, I had the honor to be invited by United States District Judge Gray Miller to participate in a naturalization ceremony, as individuals emigrating from nations around the world became citizens of the United States. For almost all of these new citizens, it was the culmination of years of hard work and the realization of a dream. If you feel for even a moment there has been an occasion where you have taken the privilege of citizenship for granted, I recommend attending one of these ceremonies, where you will no doubt be reinvigorated, whatever your perspective on immigration issues. You cannot help but be moved by the unadulterated joy of people as they enthusiastically take on those rights and responsibilities of citizenship in this great country they have long sought to make their home. I was thinking of that moment as the recent events in Pakistan unfolded. Invoking the necessity of dealing with Islamic extremism, Pakistan’s president and military leader, Pervez Musharraf, declared a state of emergency and in the process suspended the country’s constitution. Apparently, to Musharraf’s way of thinking, the fight against terrorism required the removal of the Pakistani Supreme Court as well. Interestingly, a day earlier, the court had said “No threat will affect the Bench, whether it is martial law or emergency,” amid reports Musharraf might so act upon hearing the court’s awaited ruling on the validity of his recent election victory. It took but one day. Despite Musharraf’s ban on free assembly, the lawyers of Pakistan took to the streets united in support of the constitution and the rule of law. The world witnessed these lawyers taking a stand at great personal risk. The military’s response was fierce. Thousands have been arrested and jailed. It took tremendous courage and self-sacrifice to do what those lawyers did to speak out for the rule of law. In the words of Vietnam War veteran and University of Arkansas Law Professor Michael Mullane, “When you get right down to it, the rule of law only exists because enough of us believe in it and insist that everyone, even the nonbelievers, behave as if it exists. The minute enough of us stop believing, stop insisting that the law protect us all, and that every single one of us is accountable to the law—in that moment, the rule of law is gone.” We are justifiably proud of our adherence to the rule of law in this country. As lawyers, however, the events in Pakistan give us an interesting opportunity to ask ourselves what we would be willing to do to protect our rule of law, thankfully on a much different scale. What would we be willing to suffer? At what cost to our livelihood? At what risk to our personal wellbeing? How secure are we in our faith in and commitment to the rule of law? Are we firm and convicted in our beliefs, as long as it does or does not hit us in the wallet? Do we silently stand by and accept disrespect for the rule of law, attacks on our judiciary and intrusions on the right to trial by jury? Do we not fear an endless barrage of attacks on lawyers will erode the confidence of the public, not only in the legal profession but in our legal system as a whole? Undoubtedly, there are a number of reasons that individuals from other countries choose to become citizens of our nation. Most certainly, economic opportunity is one of the reasons for many, but I firmly believe the protections afforded by our rule of law is another. Regardless of one’s personal politics, we as lawyers know we must remain ever vigilant and always committed to ensuring the rule of law is at the very foundation of our country. I prefer the interpretation of the often-cited Shakespeare line, “The first thing we do, let’s kill all the lawyers,” as an acknowledgment that lawyers are the front line defense against anarchy. If not the lawyers, then who will speak out when the rule of law is at risk?
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