Cronin & Loevy: El Paso County Bar Association affirms values in U.S. Constitution
U.S. Sen. Lisa Murkowski, R-Alaska, remarked in April that, “We are all afraid.” She may have been speaking about her congressional colleagues or, more broadly, about people in public life.
Murkowski also warned there was a serious fear at the moment of “retaliation” in public life in the United States.
Many others, including the local El Paso County Bar Association, are reiterating our obligation to cherish the values in the U.S. Constitution. There is also, most people believe, an urgent need to lessen the “demonization” of political rivals as “enemies.”
Political assassinations (such as what occurred in Minnesota with the killing of a state legislator and her husband), hyper partisanship, and ideological revenge lawsuits (against law firms, universities and news organizations) are taking an enormous toll on our trust in government.
We are strenuously testing our Democratic faith — our mutual belief that a constitutional democracy is the best form of government. Democratic faith is crucial to the fundamental legitimacy of the American Republic.
The confidence of Americans in our national government has been declining for several decades. Confidence in the U.S. Supreme Court, according to polls, is at an all-time low.
Our respect for our traditional system of checks and balances and our belief in deliberation and debate are being tested as rarely before. Now, perhaps more than ever, we need a robust and challenging Congress and a resilient judiciary.
A “red flag” warning on this subject has recently been issued by the El Paso County Bar Association, the organization here in Colorado Springs that speaks for practicing lawyers in the community.
Among the signers of the statement were 14 former presidents of the El Paso County Bar Association, including Mary Linden, Larry Gaddis, Dave Johnson and former two-term mayor of Colorado Springs John Suthers.
Here are the four principles which our local lawyers believe should be reemphasized and followed carefully at all levels of government in the United States at this time:
• First, there is respect for the rule of law.
“We are a nation of laws, not men,” the statement begins. “All individuals and institutions are accountable to the law, which is fairly applied and enforced. Our agreement as citizens to obey the law to maintain our social order is an essential part of our social contract.”
The statement goes on to note the important role of the Constitution of the United States. “The Constitution … ensures that no one is above the law, preventing arbitrary use of power and securing equality before the law. Undermining respect for the rule of law invites chaos instead of social order.”
• Second, there is judicial integrity.
This is the idea that judges and their decisions in court cases should be respected, even by those who disagree with a particular decision. The El Paso County Bar Association statement notes:
“Judges must be able to apply and enforce the law, making decisions based on the law, free from undue influence or personal attacks. It is essential to the integrity of our judicial system that their orders be followed and respected.”
“Parties who disagree with an order have the right to appeal to a higher court, but do not have the right to threaten or intimidate the judge.”
• Third, there is the right to due process of law.
Due process is the idea that a person accused of a crime should go through a particular legal process in order to be proven guilty of that crime. Due process of law includes, among other things, indictment by a grand jury, a trial decided by a jury of one’s peers and the trial presided over by a judge.
If the accused is found guilty, due process requires a fair and reasonable punishment and the right to appeal. The Bar Association statement noted:
“The right to due process requires that when the government acts in a way that denies a resident of life, liberty, or property, the person must be given notice, the opportunity to be heard and a decision by a neutral decision-maker based on the law.”
“The right to due process has been a fundamental constitutional right for over 200 years of our legal history.”
• Fourth, there is separation of powers.
The national government in Washington, D.C., is divided up into three separate and coequal divisions — Congress, the president and the Supreme Court.
We rely on the three branches of government to monitor each other carefully and, when necessary, to limit another branch’s overreach of its power and authority. The Bar Association statement reminds us:
“American democracy relies on the balance between co-equal branches of government — legislative, executive and judicial — each fulfilling its distinct role, which are a check and balance to the arbitrary use of power.”
The leaders of our county Bar Association deserve credit for affirming basic values and urging respect for our governing processes. Our system is not perfect, yet it strives to protect liberty and freedom and provide justice.
Free speech and due process are fundamental values. The nation needs leaders at all levels of government to fight racism, prejudiced “othering” and “retribution politics.”
The leaders of the El Paso County Bar Association are rightly concerned because the founding principles of our nation have come under attack or been abused by groups and ”leaders” who do not understand the meaning and importance of these principles.
These principles will soon be 250 years old (2026), as will the Declaration of Independence itself.
We want a country where neither Murkowski nor the El Paso County Bar Association are afraid for themselves and their Republic.
Tom Cronin and Bob Loevy are news columnists who write about Colorado and national politics.






