The examples of bar associations defending the rule of law are numerous. In the early 1920s, the National Bar Association emerged as a powerful voice for African American lawyers, fighting segregation and discrimination.1 Many of its members made an indelible impact. For example, in 1919, NBA member R.D. Evans challenged racial exclusion in Texas primaries.
Similarly, James A. Cobb, T. Gillis Nutter, and Ashbie Hawkins litigated landmark segregation cases in Louisville and Washington, D.C. Moreover, the NBA pioneered free legal clinics and pro bono work before the creation of federal legal aid programs. For that reason, the NBA is known as “America’s legal conscience.” Similarly, the New York Bar Association was among the first bar associations to publicly back major civil rights legislation.2 To that end, the New York Bar strongly supported the Civil Rights Act of 1964 and the Voting Rights Act of 1965. The New York Bar was also the first in the country to host Rev. Dr. Martin Luther King Jr. On April 21, 1965, Dr. King delivered an address entitled “The Civil Rights Struggle in the United States Today” to a large and enthusiastic audience of New York lawyers.
In recent years, bar associations have played a lead role nationally. The most prominent example is the American Bar Association, which adopted a “Statement of Principles to Preserve, Protect, and Defend the Constitution, the Rule of Law, and American Democracy” in 2024. And 2025-2026 ABA president Michelle Behnke has declared that the ABA “will continue to use its position to advocate for the legal profession and the judiciary” and “will fight for the rule of law both at home and around the world.”3
The OCBA follows this example. Our mission statement calls us to, among other things, “improve the justice system.” Our purpose statement notes that we are to “educate the public about the law, the role of lawyers and the administration of justice,” “promote a positive image for the profession and the justice system and respond, where appropriate, to unfair criticism,” and “promote access to quality legal services for all, regardless of the ability to pay.”
Consistent with our mission, in April 2025, the OCBA board adopted and “fully support[ed]” the State Bar of Michigan’s statement on unprecedented threats to the rule of law. That statement reinforced the state bar’s commitment to “promoting the administration of justice and upholding the rule of law — core principles that are essential to the proper functioning of our democracy comprised of three co-equal branches of government.”4 The statement noted that the “rule of law ensures that our legal system in the judicial branch of government operates with fairness, stability, and predictability, affording all individuals equal access to justice under established legal principles.” The statement also emphasizes that lawyers must be able to “advocate for clients, even when those clients and their causes may be difficult or controversial.” In the OCBA’s statement of support, we invited “all the members of our legal community and those who depend on it — to unite with us in reaffirming the core principles that uphold our courts, our profession, and the communities we are dedicated to serving.”
Although I have always been proud of the OCBA, adopting that statement marked a particularly profound and impactful moment. The circumstances that inspired us to take a stand in support of justice and the rule of law last year are still possible today. Bar associations have historically been prominent defenders of justice in the U.S. That legacy has allowed our country to make tremendous strides in civic engagement, civil rights, and access to justice.
In 1787, Elizabeth Willing Powel asked Benjamin Franklin, “Well, doctor, what have we got, a republic or a monarchy?” Franklin purportedly replied, “[A] republic, if you can keep it.”5 I have tremendous hope that we can “keep it.” This is no time to retreat. As a bar association, we must continue to vigilantly monitor for any effort to infringe on the principles inherent in the rule of law and administration of justice. If we can do so, I have no doubt we will continue our long but determined journey toward a more perfect union.
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Footnotes:
1. HISTORY | National Bar Association
2. The Civil Rights Movement and the City Bar | New York City Bar Association
3. ‘Now is not the time to walk back the progress that we have made,’ ABA President Michelle A. Behnke says at Midyear Meeting | American Bar Association
4. OCBA Board of Directors Statement Upholding Rule of Law | Oakland County Bar Association
5. September 17, 1787: A Republic, If You Can Keep It | National Park Service
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Aaron V. Burrell, of Dickinson Wright PLLC, is the 94th president of the Oakland County Bar Association.
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