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.



  • 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

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
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.