Posts

In defense of the rule of law – reflections for Law Day: Michael P. Donnelly

/in , , , /by

This opinion piece by former Ohio Supreme Court Justice Michael P. Donnelly, who we are proud to say was a guest on our Legally Speaking podcast, appeared in the May 1, 2025 edition of cleveland.com/The Plain Dealer. We are pleased and proud to reprint and share it:

Former Ohio Supreme Court Justice Michael P. Donnelly

There’s a moment in the film, “A Few Good Men,” released the same year I became a lawyer, that captures the tension at the heart of our democracy. Lt. Cdr. JoAnne Galloway, played by Demi Moore, and the defense team are defending two Marines accused of murder. In one exchange, her co-counsel, troubled by the prospect of defending them, asks, “Why do you like them so much?” Galloway answers, “Because they stand on a wall and say, ‘Nothing’s going to hurt you tonight. Not on my watch.’”

This scene reflects a reality in our system of justice: the competing imperatives of protecting society and ensuring that the rights of the accused are protected. The film portrays a government that attempts to obscure the truth in favor of a convenient narrative. The film highlights the cornerstone of our criminal justice system: that it is the government’s burden to prove the truth beyond a reasonable doubt. That principle is what shields the innocent, holds power accountable, and ensures fairness in every courtroom.

Ohio attorney Dennis Lieberman shared with me his account of a visit to China on a legal exchange. He observed a murder trial with no witnesses called, no opportunity to cross-examine, and no jury — only several officials serving as the sole deciders. If convicted, the defendant would face execution the next day. When the lawyer asked whether the verdict could be appealed, the response was chilling: “Yes — after the sentence is carried out.”

Regardless of political leanings, most Americans would find such a process unthinkable. Because, in our system, the individual — not the state — is the center of justice. We believe in due process. We believe in confronting accusers and being judged by one’s peers. These are not formalities; they are the lifeblood of liberty.

During my time on the Supreme Court of Ohio, I often reflected on a quote from Cicero that hung in our cloakroom: “We remain in bondage to the law in order to be free.” It’s a paradox that defines our democracy. And it’s not always easy.
I recall reviewing a cold case involving a brutal attack on a woman who miraculously survived. Decades later, DNA identified her attacker. He was tried and sentenced. Tragically, the crime was barred by the applicable statute of limitations. As difficult as it was, my colleagues and I unanimously decided we were duty bound to reverse the conviction. The law is the law. In response, the legislature closed that loophole — an evolution made possible by adherence to due process, not its abandonment.
President Dwight D. Eisenhower created Law Day. It speaks volumes that a decorated U.S. Army general chose to honor not weaponry, but the rule of law. He knew that our strength lies in our ideals, in our shared agreement to be governed by laws, not by force.

We now find ourselves amid what many experts describe as a full-blown constitutional crisis. The institutions that have anchored our democracy for generations are under strain, and the guardrails that once felt immovable now seem vulnerable. We live in a time of extraordinary division, where trust in government, in elections, and even in the rule of law itself is being tested like never before.

And yet, across the country, lawyers continue to hold the line. They do not wear armor or bear arms. Instead, they rise in courtrooms, draft legal arguments, protect civil liberties, and insist that due process be observed. Their work is often thankless — but it is essential to the preservation of our republic.
Let this Law Day be a call to courage. A moment to renew our shared commitment to liberty, justice, and the rule of law.