Theme for February: A fair and impartial judiciary
Sample Proclamation on Protecting the Independence of the Judiciary

WHEREAS: To prevent tyranny and protect liberty, the Framers of the Constitution
created three independent branches of government – executive, legislative and judicial – and imposed checks and balances that limited the authority on the authority of each branch; and

WHEREAS: Judges in the United States have dispensed justice for more than 200
years, fairly and impartially, applying the law to rich and poor alike; and

WHEREAS: A fair and impartial judiciary is essential to the proper functioning of the
Constitutional system of separation of powers; and

WHEREAS: When citizens disagree with decisions made by the judiciary, citizens have a responsibility to pursue legitimate opportunities of redress, including the right to free speech by criticizing the decision and by appealing the decision to a higher court; and

WHEREAS: Today, members of Congress who disagree with recent decisions are
threatening to punish members of the judiciary through impeachment or
other means for decisions rendered as part of the proper performance of
their duties on behalf of the public; and

WHEREAS: Such punitive measures, if employed, would dangerously undermine the
fair and impartial performance of duty by the judiciary as the separation of powers put into place by the framers of the Constitution; now therefore be it

RESOLVED: That the Council of the City of _____________ calls on Congress to  defeat all proposals designed to intimidate or otherwise undermine the ability of judges to render independent, fair and impartial decisions; and further be it

RESOLVED: That the Council calls on Congress to cease all retaliatory actions against the judiciary concerning decisions rendered by the courts and to seek
redress for all disagreements through the many Constitutional means available that respect the separation of powers and a fair and impartial judiciary.


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© 2008 American Bar Association

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