In a recent lecture at the University of Houston Law Center, covered by The Texas Lawbook, Jackson Walker partner and former Texas Supreme Court Chief Justice Nathan L. Hecht urged judges to moderate their language and focus on maintaining public trust. His remarks came during the 2026 Justice Ruby Kless Sondock Lecture in Legal Ethics titled, “Whose Side Are You on Judge, Ours or Theirs? Judicial Independence in a Divided Society.”

Justice Hecht opened by comparing current criticism of the courts to disputes at the nation’s founding. He contrasted President Thomas Jefferson’s skepticism of judicial independence with Alexander Hamilton’s defense of an independent bench. After describing Jefferson’s attacks in terms that sounded familiar today, Justice Hecht told the audience, “Fooled you, didn’t I? You thought I was talking about another day.”

While criticism of the judiciary by political leaders is not new, Justice Hecht argued that it has become more pronounced. He pointed to polling showing that the share of the public viewing state courts as political increased from 48 percent in 2014 to 59 percent in 2024. He said this erosion of confidence reflects a growing tendency to accuse judges of partisan motives, as well as concerns that lifetime judicial appointments can encourage overreach.

Drawing on his 36 years on the Texas Supreme Court, he advised judges to avoid personal or inflammatory language. “Tone it down,” he said. “Keep it issue-oriented and not so personal,” warning that sharp opinions can undermine the court’s credibility.

“Judicial independence is an exception in a democracy. It’s not the rule. The other two branches don’t have it,” Hecht concluded. “And so, we’ve got to earn it and show that it is justified, to prove that President Jefferson’s fears were mistaken and that Hamilton was right. Judges can be accountable to the rule of law even without being elected.”

To read the full article, visit “History Rhymes as Tension Between Executive and Judicial Branches Climbs.”

Meet Chief Justice Hecht

Nathan L. Hecht is a partner in Jackson Walker’s Litigation practice group in Austin. As former Chief Justice of the Texas Supreme Court, he brings over four decades of judicial experience, including a record 36 years on the Court. During his tenure, Nathan authored 7,000 pages of opinions, heard more than 2,700 oral arguments, and led efforts to expand access to justice and modernize Texas courts. Nationally, he served on the Advisory Committee on Civil Rules of the Judicial Conference of the United States and was the longest-serving president of the Conference of Chief Justices.