APABA-PA Resolution in Support of an Independent Judiciary

Apr 16, 2025

WHEREAS, the Asian Pacific American Bar Association of Pennsylvania (APABA-PA) is dedicated to the advancement of Asian Pacific American (APA) attorneys and to promote justice, equity, and legal access, especially for all APA communities;

WHEREAS, APABA-PA members include law students, professors, scholars, judges, and lawyers;

WHEREAS, APABA-PA monitors judicial appointments and promotes diversity within the judiciary (federal and state);

WHEREAS, the Constitution of the United States (US Constitution) and the Constitution of the Commonwealth of Pennsylvania (PA Constitution) create the judiciary branches and empower them with the ability and duty to check the respective legislative and executive branches;

WHEREAS, under the US Constitution, the House of Representatives (House) has the sole power to impeach judges[1], and the Senate, the power to try all impeachments where “no [p]erson shall be convicted without the [c]oncurrence of two thirds of the [m]embers present;”[2]

WHEREAS, under the PA Constitution, the Pennsylvania House of Representatives (PA House) has the sole power to impeach judges,[3] and the Pennsylvania Senate (PA Senate), the power to try all impeachments where “[n]o person shall be convicted without the concurrence of two-thirds of the members present;”[4]

WHEREAS, at the time of this Resolution, there are 890 authorized Article III judgeships,[5] while from the founding of the United States of America, there have only been 15 Article III judges impeached, and of those, only 8 have been convicted by the Senate and removed;[6]

WHEREAS, recent federal court decisions against some Trump Administration policies have led to heightened calls to impeach judges by the members of the Trump Administration;[7]

WHEREAS, historically the United States has honored and maintained the importance of an independent judiciary as a co-equal branch of government;[8]

WHEREAS, many lawyers and bar associations including the American Bar Association, have expressed concern regarding the Trump Administration’s calls for the impeachment of judges, and have urged elected officials to adhere to the rule of law and legal processes and procedures;[9]

WHEREAS, the Pennsylvania Rules of Professional Conduct state that a Pennsylvania lawyer is “an officer of the legal system and a public citizen having a special responsibility for the quality of justice,”[10] with a responsibility to “demonstrate respect for the legal system … including judges”[11] and to “further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority;“[12] and

WHEREAS, a Pennsylvania lawyer is further prohibited from making “a statement that the lawyer knows to be false or with reckless disregard as to its truth of falsity concerning the qualification or integrity of a judge, adjudicatory officer or public legal officer”[13] and is encouraged “to continue traditional efforts to defend judges and courts unjustly criticized.”[14]

THEREFORE, BE IT RESOLVED, that APABA-PA: 

1. Denounces any attempts to control or otherwise curtail the independence of the judiciary by threatening impeachment and/or removal of Federal and/or State Judges;
2. Calls on all elected representatives to adhere to the rule of law and the proper separation of powers enshrined in both the United States and Commonwealth’s Constitutions by standing against any such attempts to control and otherwise curtail the independence of the judiciary;
3. Urges all bar associations across the United States to join us in speaking out against such attempts to damage the very framework of our democracy; and
4. Authorizes its president and officers to publicize this resolution, to make or join statements, and otherwise to educate its members to act in accordance therewith.

[1] Art. I Sec. 2, Constitution of the United States.

[2] Art. I Sec. 3, Constitution of the United States.

[3] Art. VI Sec. 4, Constitution of the Commonwealth of Pennsylvania.

[4] Art. VI Sec. 5, Constitution of the Commonwealth of Pennsylvania.

[5] https://www.uscourts.gov/judges-judgeships/judicial-vacancies

[6] https://www.fjc.gov/history/judges/impeachments-federal-judges

[7] https://www.newsweek.com/elon-musk-calls-impeachment-judges-after-doge-legal-blows-2028404; https://www.newsweek.com/elon-musk-impeachment-inquiries-congress-judge-republicans-2035463

[8] https://www.nytimes.com/1996/04/10/us/rehnquist-joins-fray-on-rulings-defending-judicial-independence.html 

[9] https://www.americanbar.org/news/abanews/aba-news-archives/2025/02/aba-supports-the-rule-of-law/; https://www.lawyersforgoodgovernment.org/constitutional-crisis; https://www.napaba.org/news/news.asp?id=695565 

[10] Pa. R. Prof. Cond., Preamble [1]. 

[11] Pa. R. Prof. Cond., Preamble [5].

[12] Pa. R. Prof. Cond., Preamble [6].

[13] Pa. R. Prof. Cond., 8.2.

[14] Pa. R. Prof. Cond., 8.2 at comment 3.