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As I sat down to start working on this column I looked at the calendar on my computer and saw that May 1, 2023, will fall on a Monday. I also learned that May 1 will be the first day of Asian Pacific American Heritage Month. What the good folks at Apple failed to note is May 1 is Law Day. Readers who have followed this column likely recall that I write about it most every year. This year is no exception.

Each year a theme is chosen. Past themes have focused on the rule of law as well as the Constitution of the United States and various amendments to that document. The organizers changed things up a little this year selecting as the theme, Cornerstones of Democracy: Civics, Civility and Collaboration.

Rather than focusing on a particular constitutional provision, this theme recognizes serious challenges facing our society and serves as a call to the legal profession to lead the way in addressing those challenges.

Deborah Enix-Ross, president of the American Bar Association, issued a statement in which she recognized the proud history of our country and its uninterrupted democracy. She also opined that we are at a critical moment in our history. She commented on what many Americans have observed, stating We face a country divided over many issues. We have experienced decreasing faith in institutions and a growing distrust of one another. We have seen attacks on the justice system, the norms of our democracy, and the rule of law. She further expressed concern regarding her perception of a lack of civility in our conversations as well as a lack of understanding of basic civics. She challenged the legal profession to lead the way.

In my years as an attorney and judge, I have worked with and observed lawyers who are marvelous advocates. I have no doubt that our profession is up to the challenge. However, in order to preserve our great country and its democracy all citizens must get on board.

The 2023 theme points to three cornerstones. We shall look at each in the order they appear, starting with civics. According to the dictionary, civics is a social science dealing with the rights and duties of citizens. While we begin to learn about each in grade school, our education should be ongoing. I suspect we have all heard someone proclaim I know my rights! On occasion such a person asserts a right that does not exist. We need to know and protect our rights. Courts are in the business of protecting rights of citizens. However, if we do not understand our rights we may never seek court enforcement of them.

Duties of citizenship must also be learned and remembered. My favorite example is jury duty. As I have written in prior columns, our entire system of justice, both civil and criminal, depends upon citizens answering the call. Regarding all civic duties, we cannot leave it to someone else.

Lawyers spend considerable time dealing with people who have competing interests and conflicting points of view. Whether negotiating a contract or divorce settlement or trying a case in court, they show they can be zealous advocates while communicating in a civil manner.

Lawyers are not alone in this regard. All of us deal with conflict and significant differences. We have to be able to be civil in navigating our way through these challenges. I recently heard PGA tour golfer Rickie Fowler answer a question as to what he had learned from legendary golfer Arnold Palmer. One of the things that stuck with Rickie was his observation that Arnold Palmer, despite his lofty status, treated people as he wanted to be treated himself. That sounds like what we refer to as the Golden Rule. That may not solve everything but it is surely a good start.

The final component, collaboration, requires people working together. A football, basketball or baseball team cannot be successful if each player follows an individual game plan or, worse, fights with teammates. As a country we have many challenges and more than a few enemies. We cannot prevail if we do not work together. Devoting our energy to tearing each other down and working to make people with differing views look bad is a recipe for failure. I suspect we would all be pleased to see more collaboration in Washington and Springfield. It might catch on with the rest of us. Our history shows we are capable of standing together in tough times.

As we strive to preserve our democracy let us all remember civics, civility and collaboration. They are indeed cornerstones.

David Bernthal of Mahomet is a retired 21-year federal magistrate. He is a counsel with the Webber & Thies PC law firm. His email is askthejudge1@gmail.com.

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Off the Bench | Three C's are cornerstones to our democracy - News-Gazette