Good afternoon everyone. As President of the Boston Bar Association, I have the privilege of welcoming you to today’s Law Day of Action. In celebration of Law Day, we are here to re-swear our oath as attorneys, and to stand up for the rule of law as a fundamental, non-negotiable pillar of any free society.
It’s fitting that we gather today on Boston Common, a place where, time and time again, this city has shown up to speak its mind. That history matters today, because what’s at stake is whether our system of justice can withstand the attacks being made against it.
Our courts are facing significant pressure from the federal government through intimidation of judges and disrespect for judicial rulings. Federal immigration enforcement has invaded spaces, including our courthouses, that were once understood to be off limits.
We lawyers instinctively recoil at the intimidation and the disrespect, but I want to focus for a moment on the invasion of safe spaces—both because these moves by ICE and the Department of Homeland Security have not drawn the same level of attention and because the Legislature is currently considering steps to prevent the conduct of warrantless civil arrests, and that means there is something you can do, right now, that can make a difference.
But here’s why it matters: When people are afraid to come to court, the system breaks down. Victims don’t show up. Witnesses stay silent. Cases can’t move forward. That is not justice for anyone.
The Boston Bar Association has long opposed courthouse enforcement for exactly this reason. It undermines the administration of justice and erodes trust in the system itself.
We are not alone in this: It was once the long-held practice of the federal government to treat courthouses as so-called “sensitive locations,” generally exempt from on-site enforcement. Since that policy was rescinded, elected district attorneys have been among those speaking out against courthouse enforcement, and now the state’s House of Representatives has passed a bill that seeks to end it.
Now it is before the Senate.
This is the time for us to act. We can each urge our State Senators to protect our courthouses and send the bill to Governor Maura Healey, who has already embraced the idea.
There is also work to do when it comes to how we talk about the courts.
Criticism of the judiciary is part of a healthy system. But attacks that distort rulings or generally question the legitimacy of our courts or its process without any basis in fact or law do real damage. They weaken public trust, and once that trust is gone, it is not easily restored.
Each of us has a role to play in pushing back on that. We can take part in public education opportunities. We can speak up when someone or something crosses the line. Correct errors and omissions in the reporting of judicial rulings. Help our families and neighbors understand what courts actually do. Make sure the work of the judiciary is seen clearly, not through the lens of misinformation.
And alongside that, we must continue to show up for the pro bono work we do that relieves pressure on an overwhelmed system. Sometimes it is institutional. Supporting judges, clerks, and court staff who are carrying more than their share. Sometimes it is through individual client representation.
So today is not just a moment of reflection. It is a moment of decision.
We can accept this drift away from the founding tenet of the rule of law as inevitable, or we can stand firm against it, knowing that it is our responsibility to maintain and defend what this democratic republic depends on.
Instead of treating the strength of our courts as someone else’s concern, we must recognize it as part of our own professional obligation.
Instead of speaking about the rule of law as a theoretical abstract, we can call on our colleagues and friends to defend and protect it, actively, deliberately, and together.
The truth is simple. These institutions do not simply remain strong by default. They remain strong when we the people demand that they remain strong.
So let this not just be a moment when we simply observe.
Let it be a moment we respond to with action. Not alone, but together—as a profession that understands what is at stake when the system starts to strain. And not quietly, but with the clarity that these institutions matter too much to be left to chance.
Thank you.
