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Rule of Law

Courtroom ‘is not a theater’ for unsubstantiated election claims, says letter signed by 125 bar leaders

By Debra Cassens Weiss

November 5, 2024, 12:42 pm CST

All lawsuits—including election-related actions—must be “grounded in fact, supported by law and free from improper motives,” according to an open letter signed by 125 past and current bar leaders when it was published Monday evening.

“The courtroom is not a theater for unsubstantiated claims,” according to the letter.

Among the bar leaders who signed the letter are four people who identify themselves as former ABA presidents: R. William “Bill” Ide (1994-95), Dennis W. Archer (2003-2004), Laurel G. Bellows (2012-2013) and James R. Silkenat (2013-2014).

Mary Smith, who is the immediate past president of the ABA, also signed the letter but identified herself as a past president of the National Native American Bar Association.

Another former ABA president, Linda Klein, (2016-2017) also signed the letter but identified herself as a past president of the State Bar of Georgia.

Some members of the ABA Task Force for American Democracy organized the letter in their personal capacity.

U.S. News & World Report spoke with Monte E. Frank, a member of the ABA Task Force for American Democracy’s advisory commission. He said the letter is intended to remind lawyers that they are “oath-bound protectors of the Constitution and rule of law.”

“By having state bar and local bar and national bar leaders stand up and lead on this sends a very powerful message to those who are seeking to undermine the integrity of our elections,” said Frank, who signed the letter as a past president of the Connecticut Bar Association and the New England Bar Association.

After the 2020 presidential election, “some 628 legal cases were filed alleging fraud or impropriety, and they were overwhelmingly unsuccessful,” the letter said. Five lawyers connected to the cases were disbarred or suspended from law practice.

The baseless cases stirred confusion and anger, leading to threats against election workers, judges and others and likely contributing to the Jan. 6, 2021, attack on the U.S. Capitol, the letter said.

“Filing election-related lawsuits without a solid factual and legal foundation endangers the very institutions lawyers are oath-bound to defend,” the letter said. “In a functioning democracy, lawsuits are not weapons to spread distrust—they are tools for justice.”