On Monday, the American Bar Association (ABA) expressed significant concern over the rising number of threats being levelled against judges in the US. In a published statement, the ABA revealed that the frequency of serious threats against judges has doubled since 2019, with an alarming 457 incidents reported in 2023.
These threats, which often involve threats to physical safety and harm, can have a deeply adverse impact on a judge’s well-being. In her statement, ABA President Mary Smith underscored the significance of safeguarding judges, expressing that “Threats against the very individuals we have appointed or elected to administer our judicial system and the rule of law are not only wrong, they also threaten the very fabric of our democracy—judicial independence and the rule of law.”
This gravely concerning trend has prompted the ABA to action before. In 2018, the ABA reacted with a call to action that encouraged lawyers to resist attacks on judges and uphold the independence of the judicial system. The ABA reasoned that starting with the lawyers could help renew public trust in the judicial system, redirecting public anger and disappointment from the judges themselves and towards appropriate subjects.
This surge in threats against US judges has coincided with recent events involving former US President Donald Trump, who himself was recently made subject to a gag order. This order, issued in relation to his New York falsified documents case, prevents Trump from passing comment on the presiding judge or any members of the judge’s family. Prior to this gag order, President Trump had made multiple derogatory comments about the judge’s daughter via social media channels.
The Brennan Center for Justice has noted and formally documented a pattern in President Trump’s remarks against judges involved in his cases or those where he disagrees with the legal outcome. According to the Brennan Centre, “This threatens our entire system of government. The courts are bulwarks of our Constitution and laws, and they depend on the public to respect their judgments and on officials to obey and enforce their decisions. Fear of personal attacks, public backlash, or enforcement failures should not color judicial decision-making, and public officials have a responsibility to respect courts and judicial decisions. Separation of powers is not a threat to democracy; it is the essence of democracy.”