In May, over 300 attorneys came to the presiding courtroom in the King County Courthouse and re-affirmed their attorney oath for Law Day. In over 30 years around the courthouse, I have never seen that many people in one courtroom. It was a powerful voice in support of the rule of law.
Lately, the rule of law has been in the news and there have been calls to impeach judges. Criticism of lawyers and judges is nothing new but the current clamor for impeachment has become so loud that even U.S. Supreme Court Chief Justice John Roberts took the extraordinary step of rebuking those calling for impeachment, pointing out that it is the appeals process, not impeachment, that is the appropriate avenue for challenging rulings of courts.
Many people seem to feel when they lose a case, the judge must be biased or unfair. These perceptions appear to be motivating what the U.S. Marshals Service considers serious threats against judges. In his 2024 Year End Report on the State of the Judiciary, Chief Justice John Roberts commented that threats against federal judges have more than tripled in the last decade. The vilifying of judges can have real world consequences, such as the murder of the son of Federal District Court Judge in 2020 at their home, by a person upset with the judge’s rulings. A recent news story by Reuters identified more than 600 posts on social media viewed over 200 million times since February targeting family members of federal judges. The posts ranged from comments on physical appearance, questioning their patriotism, and calls for violence, retaliation or arrest against these judges.
Less publicized, but equally serious, has been the normalizing of threats made against state judges based on their rulings. People have targeted Washington trial court judges on social media and revealed their personal information, and our judges are subjected to threats of physical violence via phone calls and emails. Vile obscene names that no school would allow on their premises and would result in a suspension are used against judges in the name “disagreeing with the decision.”
Judges have always made unpopular decisions, but the amount of vitriol has reached an alarming level and is coming from some surprising places. Recently, unhappy with a decision made by a state judge, a state lawmaker alleged in the media that the judge is corrupt. A few weeks prior, a city councilmember, in newsletter to constituents, implied that judges make decisions based on personal preferences, rather than the law.
Attempts to undermine judicial authority undermines the rule of law, the orderly resolution of disagreements in a civil, peaceful way. These criticisms reveal just how far the respect for the rule of law has fallen. For anyone who wants to live in a civil society, this should be frightening.
The independence of the judiciary is one of the bedrock principles of our government and is the envy of the world. Judicial independence is guaranteed not only by the United States Constitution but also by common sense. If you are involved in a legal dispute, you want a judge who reasons, is independent, and open-minded. Judges take an oath to follow the constitution and listen to the evidence and arguments from both sides of an issue. The Canons of Judicial Conduct require judges to be free from personal or economic interests in matters before us. Above all, judges have a duty to follow the law, even when doing so may be unpopular. We want judges to apply reason and be independent and not swayed by the emotions of the moment.
Judicial decisions should be based on law, reason, and logic, and so must be the response to these decisions. When parties disagree with a decision they appeal — an orderly process to ensure cases get a comprehensive review by many jurists. The decisions are as dry as looking at the wording of a statute and whether the word “or” is meant to be inclusive or exclusive.
Our judges are public servants who take their obligations seriously and work long hours for the citizens of this State. Immersed in this work, we often leave it to attorneys to explain the role courts plays in our democracy, and to cultivate support for the rule of law that safeguards our civil society. I am taking this unusual step of speaking out about what is happening to judges at the state and federal court level because the stakes are high, not just for judges and their families, but for everyone in society.
If judges’ independence and the rule of law is compromised, the rights of all are jeopardized.
The Hon. Ketu Shah is Presiding Judge of King County Superior Court. He served on the King County District Court from 2013 to 2019.
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