Daniel Wathen served as chief justice of the Maine Supreme Judicial Court from 1992-2001.

As this historic year concludes and I look toward the 250th birthday of our country, I am
concerned by the dissonance among the branches of our great government. In the Federalist Papers, founding father and fourth president of the United States James Madison wrote that the powers of government in the same hands would lead to “the very definition of tyranny.”

To avoid this, our government was divided into its three equal branches, overseen by our
Constitution and governed individually by the states. This system has been upheld for over two centuries. Yet, today, it faces more challenges than ever before and the liberties our founders battled to guarantee may be at risk.

Information about the role of judges and an independent judiciary has been distorted, resulting in an erosion of our country’s sacred system of checks and balances and confidence in our courts. Sitting judges, no matter what jurisdiction, have taken oaths — oaths to provide justice regardless of politics.

We have always vowed to put country above party and dedicate our lives to finding common ground, no matter the political affiliation. Still, there are many who view us as simply politicians in robes, and others who wish us harm. Federal judges have often been the target of national criticism, as we have seen recently with recent attempts from senators to impeach “rogue” judges and from within the Department of Justice through a declaration of “war” against judges.

Similarly, state judges often find themselves on the receiving end of these threats. In recent years, often in partisan contexts, legislators have proposed bills to override court decisions and to impeach sitting judges. Even more troubling, over the past decade state judges have experienced a sharp rise in serious threats and acts of violence.

According to data compiled by the U.S. Marshals Service, which assesses and tracks threats against the judiciary, such incidents have increased dramatically in recent years. The danger is not abstract. Between 2022 and 2023, two state judges were killed in separate attacks. In 2022, former Juneau County Circuit Court Judge John Roemer was murdered in his Wisconsin home. In 2023, Maryland Circuit Court Judge Andrew F. Wilkinson was shot and killed outside his home.

As judges we anticipate criticism and debate. We even welcome healthy discourse in our democracy. But threats to our jobs, and most importantly to our lives, because we aimed to uphold our oaths and the rule of law are unacceptable.

As a retired chief justice of the Maine Supreme Judicial Court, I was privileged to oversee my state’s branch of government and to have worked to ensure that our laws were dutifully and justly administered.

Though sitting judges at both the state and federal levels cannot speak out and advocate for themselves, retired judges can. Because of this, I have joined Keep Our Republic’s
Alliance of Former Chief Justices, alongside over 40 other retired state supreme court chief justices from across the country. I am joining this educational effort because we are at a moment when the principles of our democracy and the rule of law face unprecedented stresses.

Judicial independence protects every American — rich or poor, powerful or not — by ensuring equal justice. It is critically important that everyone understands what is at stake in safeguarding our constitutional system built on the separation of powers, an independent judiciary and equal justice under law.

In a time of what feels like rampant polarization, it is we judges who must toe the line of
nonpartisanship. Historically, judges have served as voices of reason and have stood up for the lives of our nation’s citizens. Today, and always, we publicly and proudly pledge our continued dedication to protecting the democratic privileges that our state constitution guarantees.

We ask that you stand with us in advocating for an independent judiciary, just as we, in
turn, will continue to advocate for those in our states and across the country.