By Manny Marotta, FTC law clerk

Speak Up for Justice, a nonpartisan group formed this year to defend judicial independence, held another webinar on June 26, this time focusing on the importance of impartiality and the danger of threats against federal judges. It featured retired Justice Anthony Kennedy (right), D. N.J. Judge Esther Salas, retired South African Justice Richard Goldstone, former Venezuelan federal judge Eleazar Saldivia, Polish Judge Dorota Zabludowska and former International Academy of Trial Lawyers President Karen Burgess.

Justice Kennedy opened the discussion by addressing recent inflammatory rhetoric directed at the judiciary. “Social discourse must be dignified, decent and characterized by civility. This is what judges stand for,” he said. He emphasized that judges earn the public’s trust by demonstrating their commitment to resolving disputes in a civil and impartial manner.

Judge Saldivia described Venezuela’s descent into rule-of-law collapse, driven by partisan influence and authoritarian control. Judges were pressured to issue politically favorable rulings under the threat of harm or imprisonment. “Party loyalties may undermine the rule of law,” he warned.

Judge Zabludowska spoke about political retaliation against judges in Poland, where members of the judiciary who opposed the ruling party faced criminal investigations. “Society recognizes that courts are not for the judges or for the government,” she said. “They belong to the people.” In 2020, as many as 1,000 judges from all across Europe joined their judicial colleagues in Poland to stand up to rising authoritarianism there. (Watch a 12-minute documentary on that event here.)

Justice Goldstone, reflecting on his experience in apartheid-era South Africa, noted: “In too many democracies today, there is a decline in respect for the rule of law and an increase in right-wing populism and efforts to undermine judicial independence. The rule of law is a foundation of democracy. […] It cannot operate without an independent judiciary.” He reflected that the United States, which was once seen as a global beacon of judicial independence, now faces serious threats to that reputation.

Judge Salas, whose son Daniel was murdered in a targeted attack five years ago, gave a deeply personal account of ongoing harassment, including pizza deliveries made in her late son’s name.

“There are glaring warning signs about the fragility of judicial independence in the United States,” Salas said. “We have a wonderful constitutional framework from which anyone is free to appeal to a higher court. Let’s work within [this] framework rather than use divisive language.”

She added that there have been 408 threats against federal judges already this fiscal year. “We’re going to break records, people, and not in a good way,” she said.

The event served as a reminder that judicial independence — a cornerstone of democracy — is under strain both in the U.S. and around the world.

The speakers called for a renewed public commitment to civility, legal process and the defense of impartial courts.