How Lawyers Can Promote the Rule of Law in a Divisive Election Year
6.27.2024
Lawyers interested in protecting the rule of law and promoting democracy in what is shaping up to be a polarizing election year have plenty of ways to get involved. At a presentation hosted by the New York State Bar Association, speakers discussed ways the legal community can help the public understand how democracy works and why it is important to be an active participant.
The speakers were:
- Lauren Stiller Rikleen, executive director of Lawyers Defending American Democracy.
- Carl D. Smallwood, chair of the Advisory Commission to the ABA Task Force on American Democracy and executive director of the Divided Community Project at the Michael E. Moritz College of Law.
- Makalika Naholowa’a, past president of the National Native American Bar Association and executive director of the Native Hawaiian Legal Corporation.
- Dominique D. Calhoun, president of the National Bar Association, and managing shareholder at Calhoun Meredith.
New York State Bar Association President Domenick Napoletano and Immediate Past President Richard Lewis made opening remarks. Nearly 150 people attended the session.
Reaching Out and Educating the Public
The problems facing democracy are many. Public discourse is increasingly polarized. Election results are disputed, and election workers have faced threats and abuse.
But lawyers can step in to promote the rule of law, and explain how and why democracy works.
“Lawyers are uniquely qualified to explain the importance of the rule of law,” said Smallwood. “We’re uniquely positioned to be heard and trusted on that subject.”
He said his “elevator pitch” for the rule law is that “no one is above the law, laws are equally enforced, they’re publicly promulgated and independently adjudicated.” He added that that would hopefully begin a conversation about the finer points.
Stiller Rikleen said that her organization, Lawyers Defending Democracy, has five recommendations to protect the rule of law and democracy:
- Educating about media and disinformation, including comprehensive civics education.
- Demonstrating a direct link between participation and making progress, even if it takes time.
- Disciplining bad actors within the legal profession.
- Bar associations making a commitment to protect the rule of law and the justice system.
- Individual lawyers committing to making a difference.
The speakers also said that it was important for bar associations and lawyers to work together for a bigger impact.
“Collaboration will serve you very well in this circumstance,” said Smallwood. “This program itself is a collaboration.”
Stiller Rikleen advised that lawyers reach out to local and community organizations as well.
Smallwood said his task force has opportunities for lawyers to help out, including rapid response teams to provide a quick response to threats to the rule of law.
The speakers said that when speaking to people who are more skeptical, it is important to honest. “I tell them two things – better to participate than not,” said Naholowa’a. “[And] that the alternative to democracy is violence.”
“It’s the only game in town that offers any hope,” Smallwood said.
The program was sponsored by the New York State Bar Association’s Committee on Legal Education, the American Bar Association’s Task Force and Advisory Commission on American Democracy, Lawyers Defending American Democracy, and the Moritz College of Law’s Divided Community Project.
