Recent criticism of judges has crossed the line from healthy debate to judge bashing that threatens the fairness and impartiality of our courts. Politicians and interest groups regularly issue dark warnings to judges, simply because they disagree with the judges' decisions.

There is no place for this behavior in our country. A fair and impartial judiciary is essential to democracy and protects our rights under the Constitution. Attempts to intimidate judges are efforts to influence their decisions. If we let external pressure tip the scales of justice, we will lose the one place where we all can be heard on an equal footing.

When the framers wrote the Constitution, they purposely shielded courts from political influence so judges could protect our freedom – a revolutionary idea. Before then, courts were too often manipulated by the rich and powerful seeking to protect their interests and deny justice to those they had wronged. We created a system where judges are different; because judges consider only the facts and the law in making their decisions, we all can have our day in court. We must not turn back the clock to the day of justice only for the few and privileged because of a handful of decisions that the few and the privileged dislike.

The most controversial questions of our day wind up in court, but judges do not decide which issues come before them. When people cannot agree on how to answer these questions, they ask our courts to sort them out. Judges are like referees. They must make tough decisions and enforce the rules, even when those decisions are unpopular. Judges' decisions on hot-button issues usually make some people angry, but what else would you expect when passions run high on both sides of an issue? Just like with referees, we do not want judges who can be bought, bullied or fired when someone is unhappy with a decision. It would make the whole justice system break down.

Too often, when people are at odds with a judge's decision, they lash out in anger and claim that our courts are out of control. Nothing, in fact, is further from the truth. Judges are accountable in a number of ways. Our framers made courts one of three equal branches of government – along with the legislative and executive – and each branch limits the powers of the others. Like all of us, judges must obey the Constitution and other laws. Unlike most of us, judges must also follow ethical rules and codes of conduct that hold them to high standards. When someone disagrees with a judge's decision, that person can ask a higher court to review it. Judges do not make the law; they only interpret it. If a legislature does not like the way old laws affect the publics, it – not judges – can change them or enact new ones.

Everyone has the right to fair and impartial justice. When our courts are attacked unjustly, we must defend them – even when we disagree with a decision – so they will remain able to protect our rights. If we do not, when it is our turn to appear in court, we may find a far different judge than the ones envisioned by our Framers. We may find a judge who has become a tool of the privileged few. When it is our turn to seek justice, we will wish we had spoken out to keep our courts fair, impartial and free from political pressure.

This Op-ed appears through the courtesy of the ABA Standing Committee on Judicial Independence. For definitions and other writings on judicial independence, click here.

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© 2008 American Bar Association