Lawyer Silence and the Rise of Authoritarianism
The authoritarian tactics counteracted by lawyers in earlier years involved police dogs and fire hoses turned on peaceful demonstrators, the murder of civil rights workers and even children attending church, and, in the case of Latin America, disappearance, torture and murder that made no claim to legal legitimacy. But what role should lawyers today play in protecting the rule of law in America and around the world, where efforts to undermine democracy are increasingly taking place within legal systems, as well as outside of them?
Does silence from the legal profession amount to complicity? When, if ever, is a lawyer obligated to defend democracy by deploying legal skills in defense of democratic institutions? We have already seen lawyers at the center of efforts to undermine the rule of law and faith in our electoral system. Is there a line beyond which no lawyer should go?
This program examines the role that lawyer silence and complicity played in the erosion of the rule of law in Germany during the 1930s, in Argentina and Chile during the 1970s, and in Hungary and other countries, including the US, in more recent years. What lessons can the legal profession learn from those experiences as new generations of lawyers consider how best to confront today’s challenges to democratic norms? What should be the role of bar associations, including the New York City Bar, in confronting these challenges?
Welcome and Closing:
Marcy L. Kahn, Chair, Rule of Law Task Force
Introduction:
Susan J. Kohlmann, President, New York City Bar Association
Speakers:
Katarina Barley, Vice President of the European Parliament
Juan Mendez, Professor of Law, American University School of Law, former Special Rapporteur on Torture, United Nations Human Rights Office of the High Commissioner
Kim Lane Scheppele, Professor of Sociology and International Affairs, Princeton School of Public and International Affairs
Moderator:
Diane Orentlicher, Professor of International Law, American University School of Law
Sponsoring Committee:
Rule of Law Task Force, Marcy L. Kahn, Chair
Co-Sponsoring Committees:
Asian Affairs, Dih-Lin Wong, Chair
Communications and Media Law, Matthew Schafer, Chair
Council on International Affairs, Mark A. Meyer, Chair
Council on the Profession, Melissa Colón-Bosolet & Mary Lu Bilek, Co-Chairs
European Affairs, Jonathan Halpern, Chair
Federal Courts, Richard Hong, Chair
Foreign & Comparative Law, Richard H. Langan, II, Chair
International Human Rights, Ramya Jawahar Kudekallu, Chair
Independence of Lawyers & Judges Task Force, Christopher Pioch, Chair
Professional Ethics, David Keyko, Chair
Professional Responsibility, Aegis J. Frumento, Chair
Senior Lawyers, Diane Fener & Dr. Gertrude Pfaffenbach, Co-Chairs
United Nations, Catherine van Kampen, Sophia Murashkovsky & Ervin Nina, Co-Chairs
Vance Center for International Justice, Edwin Maynard, Chair
Related City Bar Reports:
City Bar Launches Election Protection Effort
How Lawyers Can Protect Our Democracy
An Urgent Call to the Bar for Action to Protect Our Elections: Now, During the Midterms and Beyond
Historical Context, Current Challenges & Recommendations Regarding the Disqualification Clause
The Consent of the Governed: Enforcing Citizens’ Right to Vote
New York City Bar Association Calls on American Lawyers to Support the Rule of Law
Lawyers’ and Public Officials’ Obligations During the Presidential Transition Period
Lafayette Square Protests: Investigation Request
Panelist and related articles and reports
Autocratic Legalism – by Kim Lane Scheppele
Does Hungary Offer a Glimpse of Our Authoritarian Future? – by Andrew Marantz, The New Yorker