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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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