Under Siege: The American Judiciary and the Rule of Law (05/05/2026)

The Cummins Family Justice Foundation in collaboration with the Berkeley Judicial Institute and the Chicago Bar Association present

Under Siege: The American Judiciary and the Rule of Law

This program will examine the rising criticism, political pressures and physical threats confronting judges and courts, and the broader implications of these developments for judicial independence and our constitutional order. Panels featuring respected jurists, distinguished scholars, and prominent lawyers will explore ethical boundaries, systemic responses, and the role of the legal profession in safeguarding and advocating for the rule of law. Attendees will gain insight into both the challenges facing the judiciary today and the concrete steps lawyers and institutions can take to help protect our republic. 

9:00 a.m. – Welcome and Introductions
Daniel J. Cummins, The Cummins Family Justice Foundation

9:15 a.m. – 10:30 a.m. - The Landscape of Attacks on Judges 
Individual judges are increasingly under political and physical attack based on their rulings or perceived philosophy. While there are some historical precedents, particularly during the Civil Rights Era, currently with doxxing, swatting, calls for impeachment, and threatening pizza deliveries, the level and frequency of the current vitriol and the personal impacts on judges and their families are unprecedented. These threats not only impact these individual judges, they pose systemic assaults on the rule of law. 

Moderator:  Hon. Jeremy Fogel (ret.), Executive Director, Berkeley Judicial Institute

Recorded remarks:  Hon. Esther Salas, U.S District Court for the District of New Jersey

Panelists:  
Hon. Joan Lefkow, U.S. District Court for the Northern District of Illinois
Hon. P. Scott Neville, Jr., Chief Justice, Illinois Supreme Court
Hon. James L. Robart, U.S. District Court, Western District of Washington

10:45 a.m. -12:00 p.m. – Judicial Independence Under Pressure: Ethics, Constraints, and Public Engagement 
What are the ethical guidelines for judges speaking out to address the critical issues of attacks on judges and on their judicial independence? What are the constraints? How does this issue intersect with ethical guidance encouraging judges to reach out to their communities? What is the role for lawyers, bar associations, retired judges,  and others  to 
serve as advocates for judicial independence?

Moderator:
Hon. M. Margaret McKeown, U.S. Court of Appeals for the Ninth Circuit
Panelists: 
Hon. Virginia M. Kendall, Chief Judge, U.S. District Court, Northern District of Illinois
Hon. Debra L. Stephens, Chief Judge, Washington State Supreme Court
Charles Gardner Geyh, Distinguished Professor and John F. Kimberling Professor, Indiana University Maurer School of Law

12:15 p.m. – 1:15 p.m. Luncheon
Hon. Stephen Breyer (ret.), United States Supreme Court
Hon. Diane P. Wood (ret.) U.S. Court of Appeals for the Seventh Circuit; Director of the American Law Institute and Senior Lecturer at the University of Chicago Law School
Moderator: Hon. M. Margaret McKeown, U.S. Court of Appeals for the Ninth Circuit

1:30 p.m.– 2:45 p.m.– Protecting the Integrity of the Judicial Disciplinary Process 
Increasingly, parties outside the judiciary have alleged ethics violations in criticizing judges for their rulings and speech. The panel will examine such efforts, including investigations at the federal level and attempts in some states to politically influence judicial ethics oversight bodies. The panel will also discuss the importance of creating independent disciplinary-enforcement structures that include judges, lawyers, and non-lawyers as a way to maintain ethical boundaries and public confidence in the judiciary.

Moderator: Robert H. Tembeckjian, Administrator & Counsel, New York State Commission on Judicial Conduct
Panelists:  
Robert P. Deyling, Assistant General Counsel, Administrative Office of the U.S. Courts
Hon. Teri L. Jackson, Presiding Justice, California Court of Appeal, First Appellate District, Division Five
Paula Wolff, Illinois Courts Commission
Vince E. Doyle III, Partner, Connors LLP

3:00 p.m. – 4:15 p.m. – Where Do We Go from Here? Lawyers, Institutions, and the Duty to Safeguard the Rule of Law 
Where do we go from here? Members of the legal profession have a sworn duty to defend the Constitution, the rule of law and the justice system. As bar associations and as individual lawyers what are our responsibilities and avenues for defending the rule of law? What can and should each of us be doing to protect this most precious aspect of our democracy?

Moderator:
Robert Cummings, The Cummins Law Firm, P.C.
Panelists:
Hon. Rubén Castillo (ret.), U.S. District Court for the Northern District of Illinois 
Daniel A. Cotter, Member, Aronberg Goldghen
Hon. Jeremy Fogel (ret.), Executive Director, Berkeley Judicial Institute
Maurice Possley (ret.), Chicago Tribune
Joseph H. Thompson, Founding Partner, Thompson Jacobs PLLC; Former Acting U.S. Attorney for the District of Minnesota 
Andrew W. Vail, Partner, Jenner & Block
Elizabeth Wright, Executive Director, Utah State Bar

4:15 pm Closing Remarks
Molly Cummins, The Cummins Family Justice Foundation

4:30 pm Reception

Cost:
In-Person:  $25 (Includes lunch and networking reception. Space is limited.)
Webcast:  free

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Live CBA Committee meetings and seminars will take place via Zoom webinar.  You will click on "view video" and be directly connected to the meeting/seminar on Zoom.  (You will not receive a Zoom link.)

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System requirements for Mac & PC can be found here. System requirements for mobile devices can be here.  

Please note that audience members do not need video or audio access.  Audience members are able to submit questions via the chat or Q & A features of Zoom. 

Chat: Open in-meeting chat, allowing you to send chat messages to and send a message to the host, panelists, and attendees (if permitted). Question & Answer: Open the Q&A window, allowing you to ask questions to the host and panelists. They can either reply back to you via text in the Q&A window or answer your question live.