ILNews

ISBA responds to fallout from split Supreme Court ruling

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.

Justices handed down a 3-2 decision on May 12 in Richard L. Barnes v. State of Indiana, No. 82S05-1007-CR-343. The majority ruled the common-law right to reasonably resist unlawful entry by police officers is no longer recognized in Indiana. Justice Steven David authored the majority opinion, writing that a person can use the legal system for redress against unlawful police action rather than resorting to violence in the heat of the moment.  Justices Brent Dickson and Robert Rucker each dissented, believing the opinion went too far and tells Hoosiers that government agents may now enter their homes illegally – without a warrant, consent, or exigent circumstances.

In the week since, national and statewide media coverage has focused on the ruling and public reaction. Evansville attorney Erin Berger, who represented Barnes, plans to ask for a rehearing and is prepared to ask the U.S. Supreme Court to intervene.

Indiana Attorney General Greg Zoeller today said he supports a rehearing to allow for a more narrow decision. On appeal, the AG’s office didn’t advocate for this broad of a ruling.

Politicians from both sides of the aisle have reacted and criticized the ruling, saying they’ll sponsor legislation to override it, and a public protest rally is being organized for Wednesday at the Statehouse. As of this morning, more than 1,300 people had signed up on Facebook to attend.

Earlier this week, the court’s public information officer, Kathryn Dolan, said the high court has received threatening calls and emails in response to the ruling. She said those threats were primarily toward police. She declined to provide specific information regarding the number of threats, what the calls or messages said, or how the threats may have impacted day-to-day functions at the court. Dolan said Indiana Capitol Police are investigating.

Today, the ISBA issued a brief two-paragraph statement:
“Everyday our courts issue opinions with which people disagree – even vigorously. While those who disagree with the opinion have a right to criticize it, the Indiana State Bar Association encourages that such criticism be in a respectful manner, excluding personal and inflammatory attacks on individual judges and law enforcement officials,” the statement says.

“Our democracy depends on an independent judiciary supported in the exercise of its constitutional obligation to decide cases fairly and dispassionately. Those decisions must be made according to law, without regard to public pressure and fear of political reprisal. In the coming weeks, the Indiana Supreme Court may be asked to reconsider the decision through a petition for rehearing. The case might also be appealed to the U.S. Supreme Court. These are appropriate means to challenge the decision; threats and personal attacks are not.”

Terre Haute attorney and ISBA President Jeffry Lind said the statement was in direct response to the media reports about potential threats to the judiciary and police, not  because of any specific concerns brought by association members.

 “Attorneys knew these things were happening, and our hope is to not only support free speech but to remind everyone that the legal process has its own legal process. Violence isn’t the answer and not a part of the healthy discourse process we have,” Lind said.

 

ADVERTISEMENT

  • Independant
    "Our democracy depends on an independent judiciary supported in the exercise of its constitutional obligation to decide cases fairly and dispassionately."

    The ISBA needs to stop advocating against the people. Judges selected by the state and its politicians need to be accountable to the people. Electing judges in our counties works very well. They are accountable. Without accountability to the people violence will be the peoples only option. Read the Declaration of Independance.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

ADVERTISEMENT