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Editorial: Nature of work requires adequate safety plan

IL Staff
August 18, 2010
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Indiana Lawyer Editorial

A few days after then-U.S. District Court Judge David Hamilton ruled in late 2005 in Anthony Hinrichs, et al. v. Brian Bosma, et al., that sectarian prayer could not be used to open legislative sessions, we received a phone call from someone who wanted the judge’s e-mail address and contact information.

We declined to give that information.

We would decline in any circumstances to give information any of our sources entrust us with, but our concern for the judge’s safety was utmost in our thoughts given the backlash at the time from people who did not see the case the way the judge did. Personal blogs and commenting on the news of the day were not so commonplace then, but people who wanted to share their opinions on this particular decision found a way to make their points clear.

We’re sure that our caller found a way to make his point to the judge if he was determined to do so, and we’re sure the U.S. Marshal’s Service at the court did its work to maintain the judge’s safety.

Fast-forward a few years and it’s now commonplace for bloggers and would-be news commentators to voice criticism against judges who dare to see things differently from them.

We direct you to a story in this issue of the newspaper that starts on Page 1 concerning judicial safety.

A third trial recently happened in a federal court in Brooklyn over a particular case involving judicial safety. Blogger Hal Turner wrote that Chief Judge Frank Easterbrook and Judges Richard Posner and William Bauer of the 7th Circuit Court of Appeals were “traitors” and “tyrants” and that they should be killed for their June 2009 decision that upheld a gun ban in Chicago on the grounds that the 2nd Amendment didn’t apply to the states.

Specifically, Turner wrote that he believed judges ignore the U.S. Constitution because “… they have not, in our lifetime, faced REAL free men willing to walk up to them and kill them for their defiance and disobedience. Let me be the first to say this plainly, these judges deserve to be killed. Their blood will replenish the tree of liberty; a small price to pay to assure freedom for millions.”

The U.S Attorney in Chicago says the online speech is a threat on the judges’ lives, while Turner maintains this is merely his opinion regarding what should happen to the judges and that his opinion is protected by the First Amendment. The first two trials ended in mistrials when the juries failed to reach a decision; a third found him guilty.

Turner claims his words were not a call to action but merely political speech, and he points to the fact that the judges were not harmed as evidence of this. The prosecution points to the fact that Turner included the judges’ office addresses, photo of the building where they work, and a map of the area as an attempt to bring harm to the judges by providing information to anyone motivated enough to carry out the deeds he called for. The judges have said they did not change their security measures because of the threat last summer but believe the blog post was a threat on their lives.

We also heard that Judge Posner was particularly irritated at needing to testify at the second trial because it took away from the time he could devote to his work. We share his irritation; we’d rather have him at work than testifying against crackpots. But if his testimony can put this crackpot away for up to 10 years, then so be it.

We bring this to your attention here because we want readers to consider their own personal safety. We would imagine that few of you are completely immune from a threat. The nature of the work you do means that some people win and some people lose. Even in a mediation setting, not everyone gets everything they want all the time. If you’ve never thought about your safety at work and away from the office, we encourage you to devote some time to that immediately and put a plan in place.

We do not often have occasion to write about threats or harm that comes to lawyers and judges in their work, and we’d like to keep it that way.•

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Readers may offer opinions concerning Indiana Lawyer stories and other legal issues. Readers may respond immediately by viewing the “submissions” section on our Web site: www.theindianalawyer.com. We reserve the right to edit letters for space requirements and to reproduce letters on Indiana Lawyer’s Web site and on online databases. We do not publish anonymous letters. Direct letters to editor Rebecca Collier at rcollier@ibj.com or 41 E. Washington St., Suite 200, Indianapolis, IN 46204.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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