Bar Assoc Presidents open letter discouraging election litigation

2,584 Views | 16 Replies | Last: 1 yr ago by mjschiller
agaberto
How long do you want to ignore this user?
Election Lawsuits Are Once Again Flooding the Courts--But They Must Be Grounded in Facts, Not Theories

With Election Day looming, nearly 100 lawsuits in seven swing states have already been filed this year attempting to shape the rules on how votes are cast, counted or challenged, according to NBC News. One new lawsuit per day has been filed in October alone, according to Bloomberg. Many of these lawsuits aim to tighten ballot rules by purging voter lists and imposing stricter requirements on mail voting, even though there is no evidence of widespread voter fraud.

As past presidents of state, local and national bar associations, this flurry of litigation compels us to remind the profession and the public: The courtroom is not a theater for unsubstantiated claims. When lawyers file a lawsuit, we are duty-bound to ensure it is based on solid facts, backed by law and free from any intent to harass or waste the court's time. A baseless lawsuit not only squanders judicial resources but also undermines the public's trust in our democracy and our profession.

We've been here before. Following the 2020 election, some 628 legal cases were filed alleging fraud or impropriety, and they were overwhelmingly unsuccessful. Many were voluntarily dismissed. Others were dismissed due to lack of standing or evidence. Five lawyers connected to these cases were disbarred or had their licenses suspended, with others reprimanded. One such lawyer candidly admitted, "We've got lots of theories; we just don't have the evidence."

These lawyers not only lost their licenses and tarnished their reputations; they also betrayed their communities and the American public. Their baseless cases stirred confusion and anger locally and across the nation, inciting threats against election officials, workers, judges and their staff. These actions likely contributed to the January 6 assault on the Capitol and have further eroded public trust in our justice system and our constitutional democracy.

At a time when public trust in government, the media and the judiciary is already at historic lows, it is the sacred responsibility of the legal profession to safeguard the rule of law. The architects of our Constitution established an independent judiciary as a pillar of democracy, ensuring a fair system of justice that upholds our rights.

Access to the courts is fundamental, open to all Americans--not just officials or lawyers. But with this access comes responsibility. Under the Rules of Professional Conduct, lawyers have a duty to further public understanding and confidence in the legal system. A healthy democracy depends on such trust, and our profession's commitment to this duty is not negotiable.

As such, lawsuits must be grounded in fact, supported by law and free from improper motives. This ethical foundation prevents the courts from being misused to sow confusion, pursue a political agenda or harass opponents. Filing election-related lawsuits without a solid factual and legal foundation endangers the very institutions lawyers are oathbound to defend. In a functioning democracy, lawsuits are not weapons to spread distrust--they are tools for justice.

These are not mere procedural details: They are ethical guardrails that help maintain the judiciary as an institution the public can rely on. Lawyers who disregard these standards risk not only their careers but also the credibility of the entire legal system, weakening the democracy we are sworn to protect.

As legal professionals, we must hold ourselves to the highest ethical standards to avoid a repeat of these events. With this election, we call on our colleagues to remember our duties as lawyers and as guardians of the rule of law. When it is our conduct that improperly causes Americans to lose confidence in the rule of law and in our democracy, we have done a disservice not only to our profession, but also to our nation.

The right to file a lawsuit is a vital part of American democracy, but with it comes the obligation to pursue only those claims that meet the ethical standards of our profession and the rules to which a lawyer commits each time they sign a pleading. As leaders of the legal profession, we stand united in calling for a commitment to truth, integrity and the rule of law.

And to our fellow citizens, we say this: Trust in the resilience of our democracy but remain vigilant. A healthy democracy depends on public confidence in the rule of law. At this critical juncture, our democracy depends on the commitment of everyone--citizens, officials and the legal community alike--to uphold the values that protect our system of justice.

Our actions today will shape not just the strength but the very existence of our democracy tomorrow.

Signed:
Dennis W. Archer, President, American Bar Association, 2003-04; National Bar Association, 1983-84; and State Bar of Michigan, 1984-85 James R. Silkenat, President, American Bar Association 2013-14 Laurel G. Bellows, President, American Bar Association, 2012-13; The Chicago Bar Association, 1991-92 Bill Ide, President, American Bar Association, 1994-95 Carl D. Smallwood, President, Columbus Bar Association, 2000-01 Lauren Stiller Rikleen, President, Boston Bar Association, 1998-99 Monte E. Frank, President, Connecticut Bar Association, 2016-17; New England Bar Association, 2017-18 Juan R. Thomas, President, National Bar Association, 2017-18 Dominique D. Calhoun, President, National Bar Association, 2023-24 Carlos E. Moore, President, National Bar Association, 2021-2022 Vanita M. Banks, President, National Bar Association, 2007-08 3 H.T. Smith, President of the National Bar Association, 1994-95 Harold Daniel, President, State Bar of Georgia, 1994-1995 George E. Mundy, President, State Bar of Georgia, 2000-2001 Harold T. Daniel, Jr., President, State Bar of Georgia State, 1994-95 Linda Klein, President, State Bar of Georgia, 2016-17 Kathleen Wilkinson, President of the Pennsylvania Bar Association, 2021-22; Chancellor of the Philadelphia Bar Association, 2013 Thomas G Wilkinson, Jr., President, Pennsylvania Bar Association, 2012-13 Sharon R. Lpez, President, Pennsylvania Bar Association, 2017-18 Robert C. Heim, Chancellor of the Philadelphia Bar Association, 1991 Deborah Gross, Chancellor of the Philadelphia Bar Association, 2017 Deborah R. Willig, Chancellor of the Philadelphia Bar Association, 1992 Hon. A. Michael Snyder (ret.), Chancellor of the Philadelphia Bar Association, 2020 Alan M. Feldman, Chancellor of the Philadelphia Bar Association, 2006 Abe Reich, Chancellor of the Philadelphia Bar Association, 1995 Rudolph Garcia, Chancellor of the Philadelphia Bar Association, 2011 Bennett G. Picker, Chancellor of the Philadelphia Bar Association, 1986 Erica L. Laughlin, President Allegheny County Bar Association, 2022-23 Barbara Howard, President, Ohio State Bar, 2009-2010 Clasina Houtman, President, York County Bar Association, 2017-2018 Carmen Roberto, Barbara Howard, President, Ohio State Bar, 2010-2011 John Feerick, President, New York City Bar Association, 1992-94 William Curran, President, Nevada State Bar Association, 1988-89 Steve Walther, President, Nevada State Bar Association, 1990-91 Nancy Allf, President, Nevada State Bar Association, 2006-07 Kathleen England, President, Nevada State Bar Association, 2009-10 Robin M. Wolpert, President, Minnesota Bar Association, 2016-17 Nathan D. Alder, President, Utah State Bar Association, 2008-2009 Ruthe Ashley, President, National Asian Pacific American Bar President, 2002 4 Martin E. Mohler, President, Toledo Bar Association, 1993-94, Ohio State Bar, 2014-15 H Ritchey Hollenbaugh, President, Columbus Bar Association, 1988-89; Ohio State Bar Association, 1993-94 Ron Kopp, President, Ohio State Bar Association, 2016-17; Akron Bar Association,1996-97 Samuel Edmunds, President, Minnesota State Bar Association, 2024-25 James T. (Tim) Shearin, President, Connecticut Bar Association, 2024-25 Mary Smith, President, National Native American Bar Association, 2013-2015 Daniel A. Cotter, President, the Chicago Bar Association, 2014-2015 Barry Hawkins, President, Connecticut Bar Association, 2012-2013 Patrick Palace, President, Washington State Bar Association, 2016-17 Nelson E Genshaft, President, Columbus Ohio Bar Association, 2007-08 David Thomas, President, Columbus (Ohio) Bar Association, 2022-2023 Robert D. Erney, President, Columbus Bar Association, 2020 - 2021 Sandra J. Anderson, President, Columbus Bar Association, 1996 John E. Thies, President, Illinois State Bar Association, 2012-13 Ray J. Koenig III, President, the Chicago Bar Association, 2023-2024 Ann Keele, President, Tulsa County Bar Association, 2018-2019 Victor P. Henderson, President, the Chicago Bar Association, 2007-08 Patricia Brown Holmes, President, the Chicago Bar Association, 2016-17 Kevin Forde, President, the Chicago Bar Association, 1981-82 Gordon Nash, President, the Chicago Bar Association, 1990-91 E. Lynn Grayson, President, the Chicago Bar Association, 2021-2022 Livia D. Barndollar, President, Connecticut Bar Association, 2008-2009 Fred Ury, President, President, Connecticut Bar Association, 2005-06 William Clendenen, President, Connecticut Bar Association, 2015-16; New Haven Bar Association Louis R. Pepe, President, Connecticut Bar Association, 2005-06 John D. Holschuh, Jr., President, Cincinnati Bar Association, 2002-2003; Ohio State Bar Association, 2015-16 5 A. Thomas Levin, President, New York State Bar Association (2003-2004); Nassau County Bar Association (1992-1993) Claire P. Gutekunst, President, New York State Bar Association, 2016-17 Wesley D. Bizzell, National LGBTQ+ Bar Association, 2019-2021 Alexander Forger, President, New York State Bar Association, 1980 Michael A. Cardoza, President, New York City Bar Association 1996-1998 Debra Raskin, President, New York City Bar Association, 2014-16 Conrad Harper, President, New York City Bar Association, 1990-92 Catherine Christian, President, New York County Lawyers Association 2007-2008 T. Andrew Brown, President, New York State Bar Association, 2021-22 Scott M. Karson, President, New York State Bar Association (2020-2021); Suffolk County Bar Association (2004-2005) David M. Schraver, President, New York State Bar Association (2013-2014); Monroe County Bar Association (1997-1998) Ann I. Park, President, Los Angeles County Bar Association from 2022 to 2023 David Hernandez, President, President, State Bar of New Mexico, 2001 Mary T. Torres, President, State Bar of New Mexico, 2002 Lewis Tesser, President, New York County Lawyers Association Rosalina M. Fini, President, Cleveland Metropolitan Bar Association, 2021 - 2022 Norman Janes, President, Connecticut Bar Association, 2006-07 Arthur Norman Field, President, New York County Lawyers Association, 1990-1992 Barbara Paul Robinson, President, New York City Bar Association, 1994-96 James B. Kobak, Jr., President, New York County Lawyers Association, 2010-11 Michael Miller; President, New York State Bar Association (2018-2019); New York County Lawyers Association (2002-2004) Roger Juan Maldonado, President, New York City Bar Association, 2018-2020. Evan A. Davis, President, New York City Bar Association, 2000-2002 Cheryl Niro, President, Illinois State Bar Association, 1999-2000 Judge Barry Kamins, President New York City Bar Association, 2006-2008 Carey Dunne, President, New York City Bar Association, 2012-2014 6 Susan J. Kohlmann, President, New York City Bar Association, 2022-2024 James B. Kobak, Jr., President, New York County Lawyers Association 2010-11 Ann Berger Lesk, President, New York County Lawyers Association 2008-2010 Reginald S. Jackson, Jr., President, Ohio State Bar Association, 2000-2001 Robert Ware, President, Ohio State Bar Association, 2007-08 Carol Marx, President, Ohio State Bar Association, 2011-12 David H. Lefton, President, Ohio State Bar, 2021-22 Jonathan Hollingsworth, President, Ohio State Bar Association 2013-2014. John J. Russo, President, Cleveland Metropolitan Bar Association, 2023-2024 John J. Jiganti, President, Chicago Bar Association, 1987-1988 J. Timothy Eaton, President, Chicago Bar Association, 2013-2014 Patricia C. Bobb, President, Chicago Bar Association, 1997-1998 Kerry R. Peck, President, Chicago Bar Association, 1999-2000 William J. Linklater, President, Chicago Bar Association, 2000-2001 Jennifer T. Nijman, President, Chicago Bar Association, 2002-2003 Terri L. Mascherin, President, Chicago Bar Association, 2010-2011 Daniel M. Kotin, President, Chicago Bar Association, 2016-2017 Hon. Thomas M. Mulroy, President, Chicago Bar Association, 2017-2018 Steven M. Elrod, President, Chicago Bar Association, 2018-2019 Jesse H. Ruiz, President, Chicago Bar Association, 2019-2020 E. Lynn Grayson, President, Chicago Bar Association, 2021-2022 Timothy Tomasik, President, Chicago Bar Association, 2022-2023 Patricia Hines, President, New York City Bar Association, 2008-2010. John Kiernan, President, New York City Bar Association, 2016-2018. Seymour James, President, New York State Bar Association (2012-2013); Queens County Bar Association (2001-2002) E. Jane Taylor, President, Ohio State Bar Association 2005-2006; Akron (Ohio) Bar Association 1994-1995 Sheila S. Boston, President, New York City Bar Association, 2020-2022 7 Jonathan Shapiro, President, Connecticut Bar Association, 2018-2019 Patty Ferguson-Bohnee, President, National Native American Bar Association, 2011-2013 Carol Sigmond, President, New York County Lawyers Association, 2015-2017 Ron Ward, President, Washington State Bar Association, 2004-2005 Steve Crossland, President, Washington State Bar Association, 2011-2012 Brian Strong, President, York County Bar Association, 2019 Thomas D. O'Shea, President, York County Bar Association, 2003 Patricia M. Jarzobski, President, Colorado Bar Association, 2016-2017 Aurora Austriaco, President, the Chicago Bar Association, 2012-13 Patricia Egan Daehnke, President, Los Angeles County Bar Association, 2013- 2014 Robert K. Downs, President, Illinois State Bar Association, 2005-06
https://img1.wsimg.com/blobby/go/18278405-709d-404b-a865-f8a25003ba01/Letter%20of%20Former%20Bar%20Presidents%20Concer-b79fb26.pdf

Deep State is very worried that Trump is prepared for their fraud and going to win.
Muy
How long do you want to ignore this user?
And the R's are winning many of their legal challenges. Does this group think those are still frivolous when the R's win?
sam callahan
How long do you want to ignore this user?
Yep. Bar Association is super duper worried about unfounded lawsuits and wasting our courts' precious time.

That tracks. 100%.
Tom Kazansky 2012
How long do you want to ignore this user?
Muy said:

And the R's are winning many of their legal challenges. Does this group think those are still frivolous when the R's win?
This. Tell the legal eagles to **** off and do their jobs.
CC09LawAg
How long do you want to ignore this user?
Covid taught me that the vasty majority of my "peers" are infantile idiots who put politics over the law every single time.

It was downright terrifying to read the things they said during the lockdowns and all the riots.
Definitely Not A Cop
How long do you want to ignore this user?
The Bar Association saying there are too many spurious law suits is like the FDA complaining about too many addicts. It's directly your fault.
Fightin_Aggie
How long do you want to ignore this user?
A lawyer against litigation is a lawyer getting paid to write a letter against litigation

No lawyer is against litigation, it's why they are lawyers
The world needs mean tweets

My Pronouns Ultra and MAGA

Trump 2024
aggiehawg
How long do you want to ignore this user?
Hey ABA! Get bent!



respectfully,
aggiehawg.
Ag87H2O
How long do you want to ignore this user?
This is one of those instances of - "Your actions speak so loudly, I can't hear what you are saying"
Stat Monitor Repairman
How long do you want to ignore this user?
Where were the Bar Association Presidents when Americans' civil liberties were being trampled during Covid?
AtticusMatlock
How long do you want to ignore this user?
Mark Elias sent a pretty threatening message out a few days ago saying they will come after the law licenses of attorneys who file election litigation which questions the result of the election.
aggiehawg
How long do you want to ignore this user?
AtticusMatlock said:

Mark Elias sent a pretty threatening message out a few days ago saying they will come after the law licenses of attorneys who file election litigation which questions the result of the election.
Which is, in and of itself, an ethics violation, a big one.
Shoefly!
How long do you want to ignore this user?
aggiehawg said:

Hey ABA! Get bent!



respectfully,
aggiehawg.

Ahahaha! This is why I hatem until I needem!
Stat Monitor Repairman
How long do you want to ignore this user?
They will come after the law medical licenses of attorneys doctors who question the result of the election Covid treatment protocol.

Sounds like they ripped a page from the 2020 playbook.

If you a licensed professional, globohomo thinks they own you.
Romello
How long do you want to ignore this user?
Reeks of desperation and similar to the hunter biden Russian disinformation letter signed by those fine honest folks from the intelligence agencies.
stetson
How long do you want to ignore this user?
Since when do plaintiff's attorneys not like frivolous lawsuits?? The signatories must be defense attorneys.
FJB
mjschiller
How long do you want to ignore this user?
Mark Elias is an anti American marxist. Pure evil.
Marvin J. Schiller
Refresh
Page 1 of 1
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.