Chief Judge John J. McConnell, Jr. of the United States District Court for the District of Rhode Island has faced unwarranted criticism and impeachment threats over his January 31st order blocking the executive funding freeze affecting grants and loans. The order was left standing by the United States Court of Appeals for the First Circuit and was subsequently revised to make it clear that the administration can freeze funding if that decision is based upon statutory or regulatory authority. Shortly thereafter, Judge McConnell issued an enforcement order after finding the administration had failed to comply with the order.
After the enforcement order was entered, an administration official wrote “Impeach this activist posing as a judge! Such a person does great discredit to the American justice system…Impeach the pseudo-jurist.”
While a careful analysis of judicial decisions is warranted, it should avoid ad hominem partisanship and sensationalist rhetoric that are favored on the internet and in television sound bites. The legal system is a power that has no guards, no palaces, no treasuries, no armies, but only truth and wisdom; its splendor consists in justice and the publicity of its judgments. Judicial independence is the foundation of the judiciary, ensuring that judges can make decisions based solely on the law and facts, free from external pressure. It is critical to maintain integrity, impartiality, and public confidence in the judicial system.
The Rule of Law is essential for maintaining a just society, as it safeguards individual freedoms and ensures that all members of society are held accountable. It prevents tyranny and abuse by establishing clear legal standards and processes, and judicial independence is its cornerstone.
Chief Justice John Roberts recently commented on the importance of judicial independence in our country. In his 2024 end of year Report on the Federal Judiciary, Roberts felt compelled to address four areas of illegitimate activity that, in his view, threaten the independence of judges on which the rule of law depends: violence, intimidation, disinformation, and threats to defy lawfully entered judgments. He noted that some public officials regrettably have engaged in recent attempts to intimidate judges, suggesting a political bias in the judge’s adverse rulings without credible basis for such suggestions. Across the country, bar associations have defended judges when unfounded allegations to impeach a judge for an adverse decision are made. Chief Justice Roberts stressed that attempts to intimidate judges based on their rulings are inappropriate and should be vigorously opposed. While public officials have the right to criticize the work of the judiciary, they must recognize that the intemperance in their statements, particularly when it comes to judges, may prompt dangerous reactions by others.
Judge McConnell is a well-respected jurist. The Rhode Island Bar Association stands firmly in support of Judge McConnell. The criticism of his decision is unfounded and demonstrates a disregard for the rule of law and judicial independence. As noted by former Florida Supreme Court Chief Justice Harry Lee Anstead in the 2000 presidential election litigation, the rule of law is not a liberal value or a conservative value, and it is certainly not a Republican or Democratic value…it is an American value.
Christopher S. Gontarz, Esq.
President
Rhode Island Bar Association