As a lawyer, Sen. J.D. Vance has a duty to defend our legal system, judges | Opinion
I do not know Acting Justice Juan Merchan of the New York State Supreme Court in New York County. I never met him nor even heard of him − until recently. I do pray for him, and his family, and the jurors who recently served out their duty in his courtroom. I have no doubt that Justice Merchan and his family have received, and will continue to receive, harassment and multiple death threats. Sadly, that is the state of our nation.
On May 31, Donald Trump called Justice Merchan "a devil." Trump is entitled to his First Amendment right to freedom of speech, like all people in our nation; however pernicious his comment.
Lawyers, however, cannot utter such a statement. It is a great honor to be a lawyer in our state. But with that honor comes with responsibilities. A lawyer takes an oath to uphold and defend our legal system. The Ohio Rules of Professional Conduct require that:
"A lawyer should demonstrate respect for the legal system and for those who serve it, including judges…. Adjudicatory officials, not being wholly free to defend themselves, are entitled to receive the support of the bar against unjustified criticism. Although a lawyer, as a citizen, has a right to criticize such officials, the lawyer should do so with restraint and avoid intemperate statements that tend to lessen public confidence in the legal system."
Our legal system is the best in the world. Not because of its perfection, but rather its ability to correct and continually improve. I tell lawyers from other nations who visit Cincinnati and study in our law schools that our jury system is very special. The government does not possess the power to decide criminal guilt or innocence. That power is left to average citizens who use their reason and common sense to make important decisions out of a sense of duty to our nation − just like those jurors in Manhattan.
Sen. J.D. Vance can exercise his freedom of speech. Attorney Vance may not.
I am saddened by the silence of our leaders. In failing to defend our legal system, the voices of some degrade and damage the very notion of equality under the rule of law. But lawyers must speak out.
Senator J.D. Vance issued an official statement on May 30. He parsed his words but the meaning was unmistakably clear. He called Justice Merchan "corrupt." While Sen. Vance can exercise his freedom of speech as anyone else, attorney Vance may not. His statement is reprehensible.
Years ago an attorney, John Carlin, a prosecutor at the time, was seeking the conviction of a murder defendant. Every ruling from the judge went against Carlin. Carlin lost his temper and "characterized court orders as 'capricious' and 'whimsical,' and repeatedly accused the court of favoritism … and bias…." Attorney Carlin was suspended from the practice of law. Carlin appealed his suspension to the Ohio Supreme Court, which in 1981 held "Respect for the law and obedience to the orders and judgments of the tribunals by which it is enforced lies at the very foundation of our society. No amount of provocation … can be permitted to excuse counsel from the obligation of his oath of office ('I will maintain the respect due to courts of justice and judicial officers')…." (Bar Association of Greater Cleveland v. Carlin, 67 Ohio St. 2d 311).
It is the responsibility of lawyers to uphold our legal system and defend judges, even when we disagree. To call Justice Merchan corrupt is detrimental and corrosive to our entire legal system. All lawyers, including members of Congress and other elected officials, need to follow their oaths to defend our legal system and the rule of law. The speech and debate clause of the United States Constitution may protect Sen. Vance from discipline for his accusation, but all lawyers need to uphold their oaths, especially in these very fraught times.
Christopher Wagner is a Hamilton County Common Pleas judge.
This article originally appeared on Cincinnati Enquirer: Vance called Judge Merchan 'corrupt.' As an attorney, he can't do that
