This week, I have received emails from Connecticut bar members over a message posted by President Maggie Castinado, President-Elect James T. (Tim) Shearin, and Vice President Emily A. Gianquinto warning them about criticizing the prosecutions of former President Donald Trump. The message from the bar leadership is chilling for those lawyers who view cases like the one in Manhattan as a raw political prosecution. While the letter does not outright state that such criticism will be considered unethical conduct, it states that the criticism has “no place in the public discourse” and calls on members to speak publicly in support of the integrity of these legal proceedings.

The statement begins by warning members that “words matter” but then leaves the ramifications for bar members dangling on how it might matter to them. They simply note that some comments will be viewed as “cross[ing] the line from criticism to dangerous rhetoric.”

According to the Connecticut Bar, it is now considered reckless and unprofessional to make analogies to show trials or to question the integrity of the legal system or the judges in such cases.

For example, criticizing Judge Juan Merchan for refusing to recuse from the case is considered beyond the pale. Many lawyers believe that his political contributions to Biden and his daughter’s major role as a Democratic fundraiser and activist should have prompted Merchan to remove himself (and any appearance of a conflict). I have been more critical of his rulings, which I believe were both biased and wrong.