ISBA Statement

Today, Indiana State Bar Association president Michael Jasaitis issued the following statement on behalf of the Indiana State Bar Association:

Each year on May 1, Law Day offers a moment to reflect on the foundational principles that shape our democracy. Chief among them is the Rule of Law, a concept that not only guides our profession but ensures a just and orderly society.

But what exactly is the Rule of Law? And why does it matter?

At its core, the Rule of Law means that no one is above the law and that laws are applied fairly and consistently. It guarantees that our rights and liberties are protected through transparent legal processes. The Rule of Law empowers a parent to challenge a school policy, enables a small business owner to enforce a contract, and protects a citizen who questions government actions. It ensures that power is exercised within bounds, and that all individuals are held accountable under the same legal standards.

The Rule of Law also depends on an impartial and independent judiciary. It is enshrined in both our U.S. and Indiana Constitutions and has long served as a safeguard against tyranny and injustice. Further, under our system of justice, everyone has a right to representation. Lawyers must be free to represent clients without fear of retribution, and clients must be free to choose their counsel without worry of sanction. Our country’s founders, having lived through systems of unchecked authority, built our country rooted in the idea that the rule of law must govern.

Speaking during the first National Law Day in 1958, President Dwight D. Eisenhower said: “The clearest way to show what the Rule of Law means to us in everyday life is to be reminded of what happens when there is no Rule of Law.” He saw this firsthand during World War II while battling Nazi Germany and Imperial Japan. His words remain relevant as we consider the global and domestic challenges that test the strength of our institutions today.

Respect for the Rule of Law is not a given; it must be valued and actively upheld by each generation. One of the greatest threats today is a growing misunderstanding of the Rule of Law. We see its benefits in every trial and every instance of due process. As legal professionals, we have a duty not only to follow the law, but to promote it. That means defending judicial independence, the ability of attorneys to zealously represent clients, and protecting the right of all people to be heard.

President Ronald Reagan put it succinctly: “True peace rests on the pillars of individual freedom, human rights, national self-determination, and respect for the Rule of Law.”

President John F. Kennedy likewise offered this reminder: “Only a respect for the law makes it possible for free people to dwell together in peace and progress… Certain other countries may respect the rule of force. We respect the Rule of Law.”

These ideals are not partisan. They are foundational.

The Indiana State Bar Association stands firm in this commitment. We believe that the Rule of Law is more than a professional ideal, it is the bedrock of our civic life. And we call on every Hoosier attorney, judge, legal professional, and citizen to join us in protecting and promoting it. If the Rule of Law suffers, we all suffer. If the Rule of Law is threatened, we are all threatened. By deeply understanding its significance, honoring its principles, and vigorously defending it, we ensure that the Rule of Law, America's foundation, endures undiminished.

Let this Law Day be not only a commemoration, but a recommitment.

Michael Jasaitis
ISBA President