Legalweek‘s
traditional
judicial
panel
is
usually
a
reliable
deep-dive
into
e-discovery
and
trial
tech:
thorough
but
frankly
a
little
dry.
This
year
was
something
else
entirely.
This
year’s
judges
drove
home
the
clear
and
present
danger
to
our
judiciary,
the
rule
of
law,
our
profession,
and
our
society.
And
the
threat
cannot
be
overstated.
The
Panel
The
panel
was
composed
of
four
current
female
federal
district
court
judges
from
across
the
country.
Before
they
were
introduced,
a
warning
was
given
that
they
planned
to
play
a
graphic
audio
recording
containing
foul
language
that
might
be
disturbing.
But
that
video
paled
in
comparison
to
the
living
hell
these
judges
are
living
in,
created
by
those
who
disagree
or
don’t
like
their
rulings.
Judge
Esther
Salas
moderated
the
panel
and
opened
the
presentation
by
describing
in
riveting
detail
the
murder
of
her
only
child
and
almost
fatal
shooting
of
her
husband
by
a
disgruntled
lawyer.
You
could
have
heard
a
pin
drop
as
she
talked
about
what
happened
and
its
impact.
And
that
was
only
the
beginning.
The
panel,
also
composed
of
Judge
Kenly
Kiya
Kato,
Judge
Karoline
Mehalchick,
and
Judge
Mia
Roberts
Perez,
described
a
series
of
threats,
intimidation,
doxing,
swatting,
and
misinformation
directed
not
only
at
themselves
but
also
throughout
our
judiciary.
It’s
a
poison
that
stems
from
the
highest
level
of
government
who
disrespect
our
judges
and
their
rulings
and
resort
to
name
calling
and
insults.
All
of
which
encourages
other
elements
of
our
society
to
action.
People
who
are
convinced
by
the
rhetoric
that
a
judge
who
rules
a
certain
way
deserves
what
they
get.
And
according
to
the
judges,
it
filters
down
to
not
just
cases
that
carry
some
political
ramifications
but
also
to
ordinary
matters
and
litigants.
The
message
is
to
spew
hatred
and
violence
and
ignore
rulings.
What
Our
Judges
Are
Facing
The
judges
told
stories
of
things
like
hundreds
of
unordered
pizzas
being
delivered
at
all
hours
to
judges
and
even
their
grown
children
with
the
name
of
Judge
Salas’s
son
written
on
the
boxes.
The
clear
message
being
that
we
know
where
you
live
and
that
what
happened
to
Judge
Salas’s
family
could
happen
to
you.
They
told
stories
of
judges’
homes
being
swatted
on
Christmas
Eve
and
doors
kicked
in
by
law
enforcement.
They
talked
openly
about
always
looking
over
their
shoulders
when
they
go
out
in
public.
Of
never
answering
their
door.
Or
receiving
thousands
of
the
most
vile
and
threatening
emails.
These
are
just
ordinary
federal
court
judges
trying
to
do
their
jobs
day
in
and
day
out.
They
don’t
deserve
this.
Judicial
Integrity
What
also
rang
throughout
the
presentation
was
their
integrity
and
their
commitment.
They
talked
about
how
they
accepted
the
job
and
their
role
knowing
what
it
could
mean.
They
talked
of
their
determination
to
continue
making
rulings
based
on
the
law
and
the
facts
in
the
face
of
what’s
happening
in
their
world.
They
bent
over
backwards
telling
us
how
they
don’t
mind
and
expect
disagreement
with
their
rulings
and
did
not
want
disagreement
to
be
chilled.
But
they
also
made
it
clear
that
there
is
a
process
to
disagree
and
appeal.
They
also
talked
about
their
colleagues
who
make
rulings
that
may
seem
to
align
with
a
certain
ideology
when
in
fact,
they
said,
they
were
just
judges
doing
their
job.
The
level
of
respect
was
palpable
among
them
and
for
what
they
do.
But
given
all
that,
their
most
poignant
comments
centered
on
their
families.
Kids.
Spouses.
Those
who
did
not
sign
up
for
this
kind
of
abuse.
They
talked
about
the
fear
among
their
families
and
that
their
children,
who
had
no
choice,
shouldn’t
have
to
live
with
this.
Respectfully,
they
also
mentioned
their
state
court
judge
colleagues
who
by
and
large
have
fewer
resources
and
protections.
But
they
nevertheless
live
with
the
same
threats.
Why
Now?
According
to
the
judges,
how
we
got
here
is
multi-dimensional.
The
press
hyping
stories
and
rulings
and
making
the
point
of
who
appointed
a
judge.
Less
neutral
reporting
on
reasoning
and
more
on
insinuation
of
political
motivation.
Social
media
spreading
and
profiting
from
misinformation.
Fewer
reliable
sources.
A
disbelieving
and
polarized
public.
Not
to
mention
political
leaders
who
do
such
things
as
announce
impeachment
proceedings
against
judges
whose
rulings
they
don’t
like.
The
failure
to
investigate
threats
and
misinformation.
The
profound
lack
of
civility.
The
failure
of
our
education
system
to
teach
basic
civics
and
the
functions
and
benefits
of
our
three
branches
of
government.
An
ignorance
of
the
concept
of
checks
and
balances
that
are
foreign
to
so
many.
And
the
Impact
May
be
Catastrophic
The
judges
talked
about
why
what’s
happening
is
so
devastating.
The
public
is
losing
its
respect
for
the
judiciary.
Litigants
believing
if
they
don’t
like
a
ruling,
they
can
just
ignore
it.
Name
calling.
Violence.
Intimidation.
It
is
undermining
the
rule
of
law.
So,
you
say
that’s
only
for
politically
charged
cases,
right?
Not
so,
according
to
the
judges.
It’s
everywhere
and
getting
worse.
What
does
it
mean?
Our
economic
system
hinges
on
the
ability
to
get
disputes
resolved
relatively
quickly
and
with
finality
and
fairness.
When
that’s
gone,
it
means
only
the
very
rich
and
powerful
can
get
“justice”
and
do
what
they
want.
Only
they
can
get
things
like
favorable
IP
and
copyright
protections.
Can
squash
competition.
Can
ignore
rules
and
court
orders.
That’s
what
guards
our
capitalistic
economy
and
has
allowed
it
to
thrive.
And
here’s
something
else.
The
judiciary
exists
for
all
of
us
as
a
vehicle
for
dispute
resolution.
They
serve
our
needs.
They
serve
the
needs
of
our
clients.
They
are
charged
with
resolving
the
thorniest
of
legal
and
factual
questions.
But
how
long
will
the
best
and
brightest
want
to
serve
when
they
and
their
families
are
threatened
daily?
Who
will
want
to
step
up
and
answer
the
call
to
serve?
It’s
not
just
the
judges
and
their
families
that
are
threated.
It’s
our
very
system
of
government
and
social
fabric.
Let
that
sink
in.
What
to
Do?
I’ve
lost
my
share
of
rulings
from
federal
district
court
judges.
I
know
they
can
be
persnickety
and
demanding.
But
I
never
lost
respect
of
the
process.
I
never
called
them
names.
I
respected
and
followed
the
rules
even
when
they
were
hard
for
my
client
to
swallow.
So,
when
so
many
seem
to
lack
that
respect,
it
was
a
legitimate
question
that
was
asked
by
an
audience
member:
given
where
we
are
as
a
society,
can
anything
be
done?
Listening
to
the
judges,
I
think
all
of
us
in
legal
need
to
double
down
on
education
to
our
clients
and
society
about
the
critical
role
of
the
judiciary.
We
need
to
make
sure
we
treat
our
judiciary
and
each
other
with
respect
even
when
we
disagree.
We
need
to
remember
that
our
judges
are
here
to
serve
us.
That
they
are
indispensable
to
what
we
do
as
a
profession.
As
judges,
their
ability
to
speak
out
on
individual
matters
is
constrained
by
judicial
ethics.
Our
abilities
are
not.
We
need
to
stand
up
for
them.
We
need
to
push
back
on
statements
by
politicians
and
others
denigrating
our
judges.
We
need
to
say
loudly
and
often,
I
may
disagree
with
the
judge’s
ruling
but
I
respect
it.
I
know
they
were
acting
with
integrity
and
are
doing
the
best
they
could.
Otherwise,
what
we
have,
what
we
went
to
law
school
for
and
who
we
are
may
be
gone.
Thank
you
ALM,
Legalweek,
and
the
judges
for
putting
this
together
and
saying
loudly
what
needs
to
be
said.
Note:
As
many
of
you
know,
I
am
on
the
ABA
TechShow
Board.
Later
this
month,
we
will
offer
a
panel
discussion
by
the
immediate
past
ABA
President,
the
current
ABA
President,
and
the
incoming
ABA
President
on
the
rule
of
law,
among
other
things.
I
would
encourage
all
of
you
to
attend
and
to
take
seriously
the
clear
and
present
danger
we
are
facing.
Stephen
Embry
is
a
lawyer,
speaker,
blogger,
and
writer.
He
publishes TechLaw
Crossroads,
a
blog
devoted
to
the
examination
of
the
tension
between
technology,
the
law,
and
the
practice
of
law.