As judges across the United States face growing political pressure, public attacks and threats to their personal safety, the 91̽�� School of Law will host on April 17 and 18 to examine how to protect America’s independent federal judiciary and the rule of law.

The two-day symposium, “Neither Sword Nor Purse,” at the School of Law, is sponsored by the American College of Trial Lawyers and planned in partnership with Keep Our Republic/Article 3 Coalition, the Society for the Rule of Law, and the Task Force for American Democracy. It convenes a slate of prominent judges, scholars and journalists who will examine the rule of law and the constitutional foundations of judicial independence.

“This symposium is designed to address a core constitutional concern,” said Toni Rembe Dean . “Attacks on an impartial and independent judiciary undermine public confidence in the courts, which weakens the foundation of the American legal system and its protections.” 

The U.S. judiciary system was designed to be independent precisely so it could uphold the rule of law, said , the 91̽��School of Law jurist-in-residence and a retired member of the U.S. Court of Appeals for the Tenth Circuit.

“At this moment, independence is under sustained challenges,” Henry said. “This symposium will confront those challenges directly.”

, School of Law associate dean emeritus, said the participation in the symposium of respected judges, scholars and journalists reflect a rising concern that the U.S. system is in peril.

“The extraordinary group of judges and scholars share a commitment not just to diagnosing the problem, but to identifying meaningful ways to address it,” Spitzer said.

The symposium begins on Friday, April 17 and continues through Saturday, April 18.

91̽��law professor Hugh Spitzer speaks to the power of state and local governments as officials consider measures to restrict movement to combat the COVID-19 pandemic.

There are laws in place that govern what federal, city and state leaders can do.
In these soundbites Spitzer addresses:

• The role of the National Guard: If called upon, they would likely fulfill a “helping out” role, such as working to build facilities or move supplies.
• That democracy does not mean complete and personal liberty. Democracy means we elect our government representatives to make rules that keep us safe, even if it restricts our personal movement.
• Governors and mayors weighing the feasibility of enforcing rules if they are enacted.

For more information, contact us at uwnews@uw.edu or 206-543-2580.

The state’s Office of Financial Management in June contracted with 91̽��researchers to evaluate the benefits and risks of a possible state cooperative bank. , Evans professor of public policy, is co-principal investigator for the study with , former chief financial officer of Washington Mutual Inc. and an Evans affiliate associate professor. 91̽��law professor also contributed, as did Evans School associate professor and Claire Baron, a graduate student in public policy and business.

The report sketches out possible models for a bank to serve cities, counties, public utility districts and state agencies, and explores them from the perspectives of Washington’s constitutional and statutory framework, capitalization, funding, governance and financial and credit risk.

Marlowe said the report makes no specific recommendations. Rather, it examines issues relevant to the intended purposes of such a bank and offers “the best available evidence” for what would be required for it to succeed.

The researchers write that a cooperative bank could improve jurisdictions’ access to funds for infrastructure improvements and broaden their investment opportunities.

Through a survey of Washington’s counties, cities, public utility, sewer and water districts, the team learned that many, but not all, needs are being met by private financial institutions and state programs. Of those who replied, 46 percent said they were “unsure” they would benefit from public cooperative bank membership,  32 percent indicated an interest in membership and 22 percent expressed no interest.

Alternatively, the report suggests, the state might address some unmet needs  by improving and better coordinating the 80-some existing financial programs to help Washington jurisdictions, which are administered by the state treasurer and departments of commerce, ecology, and health, among others.

The team presented its report to the state on Dec. 14. The state Legislature is expected to hold hearings on the matter during its 2019 session.

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For more information, contact Marlowe at 206-221-4161 or jmarlowe@uw.edu.