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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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