The following is based on remarks by NHBA President-Elect Richard Y. Uchida made at the US District Court swearing-in ceremony on May 25.

This afternoon, in the atmosphere of this wonderful federal courtroom, I want to address a special responsibility you have as officers of the court – the preservation of an independent judiciary.

The judges on this court, on the state supreme court, and the many trial courts of this state make your constitutional guarantees and liberties a reality. In doing so, judges are called upon to act on the basis of what is right and just, not what is popular. And if our rule of law is to work, all of you know that we must have faith in the decisions of our courts, and its will to enforce them.

Recently, our justice system has come under attack due to events involving a much-publicized case in Florida. Similar attacks have occurred elsewhere, even here in New Hampshire. The courts came under attack not because of any accusations of a judge’s wrongdoing or improper conduct, but simply because judges made rulings that politicians and certain ideologues didn’t agree with.

Imagine a world where judges could be removed because people disagreed with their rulings. Imagine yet a world where judges could be removed because powerful and influential politicians disagreed with their rulings. It flies in the face of everything you and I learned in law school and in our practices before coming to New Hampshire – that the judiciary must serve as a buffer against society’s excesses. And yet, we hear calls for the impeachment or removal of judges, based on their decisions. Not their conduct – their decisions.

And unlike the rest of us, when a judge is criticized for the unpopularity of his or her decision, that judge cannot turn to the media to plead his or her case. That judge cannot line up interviews on "Good Morning America," practice his/her soundbites on Larry King Live, or proceed through talking points with Ted Koppel. Instead, that judge must sit silently by, even when the criticism threatens to undermine the integrity of our system.

We have an important role to play. As lawyers, we must respond to these attacks because judges cannot. And we have much at stake if we do not. Think about how your friends and family would look at you, if they thought you worked in a system of justice decided by politics, polls and popularity. Think about the faith your clients would have in the justice that such a system would deliver. Think about whether the rule of law in a civilized society would mean anything anymore.

We must respond to these attacks by engaging our friends, family and neighbors about the value of an independent judiciary. We must emphasize to our clients, and to the people we know through our involvement in community and civic groups that this independent system has worked for hundreds of years, delivering amazing results. We must respond to the newspaper, radio and television pundits that condemn the justice system when a judge refuses todo the popular thing.

Your responses have "legs." In New Hampshire, especially rural New Hampshire, you, as lawyers, are looked upon as great resources in the community. People respect and admire you, and they listen to and value your views.

The fact is, our Founders intended that the courts operate independently. Our history is replete with instances where our courts have striven independently to lead our nation. They have ended vicious practices of segregation. They have extended and enforced voting rights to all Americans. They have protected civil liberties in times of war and unrest. You can make a difference by defending our system. And as officers of the court and investors in a system of fairness and justice, it is your responsibility. There will be times in the days, weeks, months and years to come when the judicial branch comes under attack again. I hope you will be there to protect that system. It is an obligation I hope you will accept willingly, solemnly and faithfully.

Richard Y. Uchida, of the Concord law firm of Hebert & Uchida, takes office as NHBA President at the conclusion of the NHBA Annual Meeting.

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