By Aaron C. Nash (AZ)
Judge Bernice B. Donald (Retired) of the United States Court of Appeals for the Sixth Circuit, was the 2025 Opperman Speaker on Sunday, August 3rd. Judge Donald drew from personal and professional experiences speaking on “The Role of an Independent Judiciary in a Democracy.”
Perceptions can be reality, and Judge Donald emphasized the need for judges and court staff to be seen following their oath to the constitution, in addition to actually administering justice equally to all. Maintaining the integrity of the judicial branch is key to maintaining our democracy. Judge Donald called on judges, court staff, bar associations, the public, and the media to communicate accurately and collaboratively to promote public trust and confidence based on the role courts play in our government.
Among her insightful and timely observations, Judge Donald recounted actions everyone can take to improve our democracy. These five actions appeared in an opinion piece co-authored for the Washington Post by Judge Donald and Judge Don Willet of the U.S. Court of Appeals for the Fifth Circuit. Those actions are:
Log off: Avoid “Us v. Them” social media echo chambers. Have and promote real-world, civil discussions.
Learn Up: Knowledge about the three branches of government is sorely lacking in the U.S. Help people understand what courts do, and that, despite what’s in the headlines, more than 95% of federal court cases are resolved unanimously, regardless of political affiliation.
Reach Out: Don’t let political affiliation shut you off from others. If Antonin Scalia and Ruth Bader Ginsburg did it, so can you.
Pull Back: Political strife has infiltrated traditional places of community, such as civic and religious gathering places. There is more to life than politics.
Plug In: Our democracy needs engaged citizens, not enraged spectators. Do the work to transcend ideological and demographic differences and focus on what unites us.
Judge Donald ended her comments by relaying how, when in high school, she persisted in securing an invitation to present a poem at the school talent show, and that the presentation was not well received. Not one to be discouraged, Judge Donald concluded her comments at the NCACC conference by reading a poem. This time she received a standing ovation. That poem, by an unknown author and modified by Judge Donald, is reprinted here:
“A Lawyer’s Garden of Life”
I charge each of you to plant a garden—a Garden of Life.
In that garden, first plant five rows of Peas: Professionalism, Principle, Purpose, Preparation, Politeness.
Next, plant three rows of Squash: Squash apathy, Squash indifference, Squash unjust criticism.
Then plant five rows of Lettuce: Let us treat each other with dignity and respect, Let us be unselfish and inclusive, Let us re-commit ourselves to the principle of equal justice under law, Let us promote the goal of equal justice in everything we do, Let us always place principle above power.
No garden is complete without Turnips: Turn up for meetings, Turn up prepared, Turn up with a smile, Turn up with new ideas, Turn up with determination to make everything count for something good and worthwhile.