Law day celebrates the courts as the keepers of justice and the rights of the American people.

"No Courts, No Justice, No Freedom" is the ABA's national theme for Law Day. And this year, there is special urgency in Florida to help educate citizens not only about the importance of maintaining a fully funded court system, but to ensure that the judiciary remains independent and free of political attacks.

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A cautionary tale comes from Iowa, where three justices were ousted from the bench in a merit retention election in 2010. They were targeted by special interest groups led by the Mississippi-based American Family Association, riled up by a unanimous decision allowing gay and lesbian people full access to the institution of civil marriage. (See February 15 News.)

This year in Florida, three Supreme Court justices are up for merit retention: Fred Lewis, Barbara Pariente, and Peggy Quince. Another 15 members of the Florida courts of appeal also face merit retention. They are bracing for an Iowa-style effort to unseat them when their names are on the general election ballot in November.

Bar President Scott Hawkins tells Florida lawyers in the March Journal: "You are in the best position in our society to help others understand what judges do. And now is the time to begin sharing that message. The critical role of judges is fundamental to our democracy. Why do I say this? So often we hear others talk about the importance of the rule of law --which undoubtedly is bedrock to American democracy. However, very seldom does public discussion focus on the fact that the rule of law is only as strong as the quality of the judges who uphold it."

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But gauging the quality of justices and judges can be difficult for the average voter, who may never have set foot in court. It's also hard to assess the merits of judges because they can't tell you how they will make decisions in future cases and are constrained on what they can communicate.

"Unless one has been through litigation, it is difficult to grasp what judges do," Hawkins said. "Hence, the importance of your role as firsthand observers of judges in our culture.

"... In the coming months, there will be political rhetoric about particular courts or why particular judges should not be retained. Further, as the fall elections get closer, Bar members will be asked by voters in their communities to give their views on particular courts and whether particular judges should be retained. As you respond to such questions and evaluate political comments about the...

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