A cross-party group of current and retired judges boarded buses and toured classrooms and town squares in Pennsylvania, Ohio and Michigan, insisting that courts be independent and trusted.
Why federal judges go on bus tours for democracy
A group of federal judges who have lost faith in the power of the judiciary are trying to get that message across to the public.
Michael Donnelly is used to addressing the public through judicial opinions.
The former Ohio Supreme Court justice said, “It’s over.”
So Mr. Donnelly, along with a bipartisan group of current and retired state and federal judges, did what their profession trained them not to do. It’s about making a public statement about what’s happening in court.
“It’s not something I’m comfortable with. In my 20 years on the bench, I’ve never gone out and said my opinion. I just let our opinion speak for itself,” Donnelly said. “But these are not normal times, and when I see the politicization of the judiciary happening at the speed it is happening, I have no choice but to go out and speak out about it.”
The group traveled by bus for four days this week, making more than a dozen visits to Pennsylvania, Ohio and Michigan, speaking to elementary and high school students, lawyers, activists and concerned citizens about the importance of an independent judiciary and the rule of law. The trip, which was funded by nonpartisan pro-civil groups (Democracy Rising Collaborative and Keep Our Republic), served as a test case for whether Americans are concerned about challenges to the power of the judiciary.
Once-quiet judges see a growing threat from a president who personally attacks lawyers who rule against him. President Donald Trump has called his Supreme Court appointees’ failure to support him “dishonest” and “unpatriotic.” Meanwhile, members of Congress have increasingly accused judges of handing out political decisions and threatened to remove judges who don’t hand down sentences they like.
In March, Chief Justice John Roberts warned in an unusual rebuke that personal criticism of federal judges was dangerous. The remarks came two days after Trump called the federal district judge who ruled against his administration “bizarre, mean, crooked and completely out of control.”
“Hostility directed against individuals is dangerous and it must stop,” he said.
Without naming Trump, Roberts insisted that the attack on the judge was not from “just one political point of view.”
USA TODAY had a private seat on the wood-paneled bus and spoke with the judge about the role Americans will play in our future democracy. And why do they think now is the time to speak out?
Former Ohio Supreme Court Chief Justice Maureen O’Connor worries about what will happen if Americans lose faith that courts will apply the law regardless of politics, political party or social standing. She said they need to start by making sure people know about their local judges and what their jobs are.
“We’re hearing from the highest officials in this country that judges are political, judges don’t follow the law, and they’re handing out horrendous sentences,” O’Connor said. “There are people who are starting to believe that the microphone is so loud that there is no basis for what is being said. We have to counter this with the truth.”
Carlo “Defender of Democracy”
O’Connor’s 18-month-old Lagotto Romagnolo pup, Giancarlo Cappuccino (who fans have come to call him “Carlo”), stayed by O’Connor’s side for much of the trip. At the Westmoreland County Courthouse in Greenburgh, Pennsylvania, security guards allowed Mr. Carlo to enter the courthouse after Mr. O’Connor said that Mr. Carlo was a “defender of democracy.”
Back on the bus, Carlo lies on a faux-leather bench, watching the FIFA World Cup and a black-and-white cowboy movie. Robert Orr, a former North Carolina Supreme Court associate justice, handed out dog treats from his pocket.
At the LeMoyne Community Center in Washington, Pennsylvania, children asked judges questions about their jobs and their role in democracy. O’Connor said there are people who don’t like democracy and want political courts.
“Judges have to ignore what politicians say and do,” O’Connor said.
In an early childhood class at a community center, Senior Judge Leo Gordon of the U.S. Court of International Trade sits on a child-sized couch and reads a book. ”Pete the cat cries for ice cream! ” For children aged 4 or 5.
marching in robes
About 100 people waved signs and small American flags outside the Joseph P. Kineary Federal Courthouse in Columbus, Ohio, for a news conference with judges, lawyers and civic leaders. The crowd was filled with officials from the nonpartisan government watchdog group Common Cause, the Ohio Bar Association, and the League of Women Voters.
Ann Hawk, 75, of Columbus held up a sign that read, “Defend Our Rights.”
“We want to make sure that the people who enforce the law are fair and honest and not just going after various political enemies,” Hawk said. “It puts us all at risk for a politicized justice system, because it has the power to put us in prison.”
Inspired by Poland’s 2020 “March of the Thousand Robes” campaign defending judicial independence, the justices donned robes and walked several blocks with the crowd to the Ohio Supreme Court Square.
Sweating in 85-degree heat, they held up purple roses to symbolize judicial independence. Several women held up banners that read, “We will protect the Constitution (in our hearts).” The SUV driver stuck his thumb out the window and honked his horn repeatedly.
“We’re here because we have to do something, we have to make sure the justices have a say, we’re trying to show that we’re not partisan and continue to emphasize to the rest of society and the public that it’s wrong to disparage the judiciary,” said Judge Michael Mentel of Ohio’s 10th District Court of Appeals.
Former Cleveland Municipal Court Judge Ron Adlin said adding his name and stature to the tour would have to be bipartisan. He is a Democrat and Mr. O’Connor is a Republican.
“Many judges have been very[cautious]about standing up on this for fear of being seen as partisan in some way,” Adlin said. “There’s nothing partisan about this. In fact, we’ve bent quite a bit over backwards to have bipartisan judges.”
Pocket-sized Constitution and Founding Fathers
Bus passengers gasped when they saw more than 100 people gathered at an observation deck in Worcester, Ohio. Some held handmade placards praising the rule of law and thanking judges for raising awareness. The League of Women Voters of Wayne County set up a table to register to vote. Members of the local bar association also joined the crowd. Organizers handed out pocket-sized copies of the Constitution.
“No amount is enough,” Orr said, slipping one into his inside jacket pocket.
Judge Betty Sutton of the Ninth District Court of Appeals of Ohio addressed the crowd.
“You have to be your voice and you have to make people understand that judges are not just the names on the ballot. They are the ones who can make a difference in your lives, in the lives of our country, and in the trajectory of our state and our nation,” Sutton said.
Shocked audience members put their hands over their mouths as Mr Gordon explained how the rise in physical attacks on judges has changed their lives and affected their families.
As the judges entered, some in the eager audience wanted to talk about money in politics, the latest Supreme Court decisions, and the voter ID law the president wants to pass in Congress.
“I see the courts as a guardrail for all processes, policies and actions, whether it’s local, state, national government or the public in general. We’re seeing those guardrails slowly erode instead of being removed,” said Barb Friedhoff, 66, of Worcester.
Donnelly, a former Ohio Supreme Court justice, told the crowd that the Founders understood humanity and power when they created three equal branches of government. He said the public must be wary of efforts to diminish the power and authority of the judiciary.
“The Constitution does not defend itself. The Constitution never defends itself and never will. The rule of law does not defend itself. The Constitution never defends itself and never will.” “Democracy does not protect itself; never has, and never will.”
He added: “The threat to the rule of law is greater than at any point in my lifetime.”
Once back on the bus, the judges were surprised by the size of the crowd and questioned whether they should have focused on smaller towns.
“The personal conversations I’ve had with people have been really moving and encouraging, and it’s really motivating me to continue doing things like this,” O’Connor said.
As the mileage progressed, the retired judges talked about their grandchildren, judicial activism, and local politics, with occasional chuckles. Adolin flipped through the book before closing his eyes. Gordon, the only sitting judge who spent several days on the bus, was isolated with a pile of papers and a video call on his laptop and cell phone in the back corner.
“We need to humanize this facility,” Orr said. “These are not hidden figures passing decisions that affect people’s lives. These are women and men from our communities, the majority have long careers in law and justice, and the majority are trying to do the right thing.”
hire a judge
High school students crowded the judge inside the Carl B. Stokes Federal Courthouse in Cleveland. How will artificial intelligence change the way people work? How can we encourage diverse opinions among store clerks? Why do sentences vary so widely between judges?
Mr. Gordon told the children that he writes his opinions so carefully that sometimes he and the clerk spend 15 minutes searching for the right words.
During a barbecue lunch at ThirdSpace Action Lab, the judges were “recruited” by students and community members. Mr. Gordon described the long process of being interviewed and appointed as a federal judge. Gordon said it can be misleading for news media to identify which president appointed judges. For example, Gordon is a Democrat who was selected to be a judge by President George W. Bush.
After a stop at a bakery in Toledo, the smell of donut icing wafted through the bus. Rain pounded the windshield of the bus on the way to Michigan. Some of the referees were watching the World Cup match between Morocco and France on their mobile phones.
Trial run
The justices’ trip ended on July 10 at the Grosse Pointe Public Library near Detroit, where some spoke about the threats their families faced.
Judge Chris Trebilcock of Michigan’s Second District Court of Appeal said after his appointment that he warned children about posting on social media and opening doors to strangers.
“We are all human beings with families…we are also members of your community,” he said.
The tour ended with a visit to an ice cream truck.
Several of the judges said they hoped the tour would be repeated across the country.
“Let’s bring this kind of thing to other states. I think it can and should be done,” O’Connor said.
Adlin said it’s important to spread the idea that judges should stand up for their profession.
“We hope that others will be inspired to do something similar,” Adlin said. “The march of a thousand judges begins with just one judge.”
