Statement of the Board of Governors of the District of Columbia Bar On the Rule of Law, the Independence of the Judiciary, and the Right to Counsel

Statement of the Board of Governors of the District of Columbia Bar On the Rule of Law, the Independence of the Judiciary, and the Right to Counsel

July 22, 2026

The District of Columbia Bar was created by the District of Columbia Court of Appeals. Under the Rules Governing the District of Columbia Bar, the purposes of the Bar include assisting the legal profession in maintaining high standards of the practice of law; aiding the courts of the District of Columbia in carrying out and improving the administration of justice; promoting access to justice and enhancing the delivery of legal services to those in need; and fostering and maintaining high ideals of integrity, learning, and competence in public service, and high ethical standards among those engaged in the practice of law.

Consistent with those purposes, and with the Board's duty to manage and direct the affairs of the Bar, the Board of Governors issues the following statement.

• The rule of law is the foundation on which the administration of justice rests. Courts cannot carry out their constitutional function - and the profession cannot serve the public - unless legal disputes are resolved according to law, through fair procedures, by impartial tribunals, and with compliance by all parties, including the government. The Board of Governors reaffirms the D.C. Bar's enduring commitment to the rule of law as an institutional value inseparable from the Bar's core mission.
  
• An independent judiciary is essential to the administration of justice. Judges must be free to decide cases based on the facts and the law, without improper pressure, intimidation, or retaliation on account of their rulings. Reasoned disagreement with judicial decisions is a legitimate feature of our legal system and may properly be pursued through appeal, legislation, or public debate. Threats directed at individual judges because of their lawful rulings, or calls for their removal on that basis, undermine public confidence in the courts and impair the capacity of the judicial system to function. The Board of Governors supports the independence of the judiciary and the ability of judges at every level to perform their duties free from such pressures.
  
• The right of a party to be represented by counsel of the party's choosing, and the corresponding duty and freedom of lawyers to undertake representation of clients - including unpopular clients and clients whose positions are adverse to the government - are bedrock principles of our adversarial system. Measures that penalize, threaten, or seek to disqualify lawyers or law firms because of the clients they represent or the positions those clients advance are inconsistent with the lawyer's professional role and with the effective administration of justice. The Board of Governors stands behind the ability of D.C. Bar members to fulfill their professional obligations to their clients without fear of retribution.
  
• An independent bar is essential to the rule of law. The D.C. Bar is among the largest bars in the nation and has members practicing in every area of law. D.C. Bar lawyers who are free to counsel clients candidly, advocate zealously within the bounds of the Rules of Professional Conduct, and serve the public through pro bono representation, help strengthen the courts, support the administration of justice, and ensure access to justice for all. The Board of Governors reaffirms its commitment to the independence of the D.C. Bar and its members in carrying out these professional obligations.

The Board of Governors will continue to carry out the D.C. Bar's purposes by supporting programs that strengthen the administration of justice, expand access to legal services, and promote high standards of professional conduct - including public education on the role of courts and lawyers in our constitutional system, resources to help members navigate their professional responsibilities, and support for the pro bono and access-to-justice work that serves the people of the District of Columbia.

This statement is issued by the Board of Governors of the District of Columbia Bar in accordance with Rule V of the Rules Governing the District of Columbia Bar. It does not purport to speak on behalf of any individual member of the D.C. Bar or on behalf of the District of Columbia Court of Appeals. It addresses the Board's institutional views on the rule of law, the independence of the judiciary, and the right to counsel as principles germane to the Bar's regulatory and administration-of-justice purposes under Rule I, Section 2. It is not directed at any particular person, administration, political party, official, or pending matter, and it should not be read as taking a position on any partisan political issue.

Adopted by the Board of Governors of the District of Columbia Bar on July 21, 2026.