Washington Lawyer September/October 2026
By Diane A. Seltzer
Throughout the day, I read about the work of our judiciary that leaves me in awe.
Specifically, I think about our federal and local judges (not to mention our countless administrative judges) right here in Washington, D.C., and their extraordinary case-load, both in volume and type. I'm moved by their grace under pressure, with democracy and the survival of the rule of law resting on their shoulders, like Atlas holding up the weight of the world.
Nationwide, our judges are dealing with previously inconceivable attacks on their independence and impartiality, such as calls for impeachment or removal, intimidation and threats to their and their families' safety, doxxing, swatting, baseless ethics complaints, willful failure to comply with lawful judicial orders, and personal attacks by members of co-equal branches of government.
Yet they have not flinched or backed down. What a breathtaking thing to behold in a time when we need heroes and when smart people doing their regular jobs also happen to have an outsized role in upholding the law, the rule of law, and the U.S. Constitution. This is particularly so in the District, where our federal judiciary is handling a docket heavy with cases involving the current administration.
I write this column to shed more light on what our judges in Washington, D.C., are dealing with, to relay how I am trying to assess what they need from our Bar, and to suggest ways in which our members can show support.
First, some perspective. As of early July 2026:
- The U.S. District Court for the District of Columbia has 15 active judges, 10 senior judges, and 4 magistrate judges;
- The U.S. Court of Appeals for the D.C. Circuit has 11 active judges and 4 senior judges;
- The D.C. Court of Appeals has 9 judicial seats — 2 of them vacant — and 5 senior judges; and
- The D.C. Superior Court has 62 judicial seats — 12 of them vacant — and a number of senior judges.
I have sent a communication to every judge on those benches inviting them to share with me one thing that the Bar or its members can do to support the judiciary in this moment. With this information, I can work with the Bar's leadership to plan substantive programming and social events, write my president's column and use this platform to share aggregated ideas with our members, and otherwise take action that helps us support our bench.
I have participated in several idea labs, working sessions, and closed conversations with lawyers, judges, leaders in the pro-rule of law space, and institutional, operational, and grassroots constituents to discuss the judiciary's safety and rule of law efforts. As president, I will continue to attend these events so I can learn, participate, and then share information with our members.
Based on what I am learning so far, I have a few ideas on how we can support our judges.
Use whatever platform you have to speak out, loudly, in support of judicial independence and the separation of powers.
Get involved with organizations and groups that focus on these issues. Read what they publish, learn about different perspectives, and see what resonates with you. Among the entities I know of personally that are doing tremendous work in this space are the Article III Coalition, Duke Law School Bolch Judicial Institute, and Brennan Center for Justice.
Show, promote, and expect civility and respect for judicial institutions when speaking with clients, colleagues, and the nonlawyer public.
Organize, support, and attend programs that enable judges to speak about the challenges facing the judiciary, as well as their triumphs.
History will remember this as a proud moment for the judiciary and its supporters. But if Atlas shrugs, democracy and the rule of law die. Use your shoulders and be on the right side of history. Your energy matters.
Reach Diane at [email protected].
