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Justice David creates retention website

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Facing opposition over an opinion regarding unlawful police entry, Indiana Supreme Court Justice Steven David has established a website in an unusual effort to campaign for retention.

The website, www.justicestevendavid.com, contains biographical information and links to community involvement and honors. It also includes posts with such titles as “I would appreciate your vote” and “‘Punishing judge over 1 decision lowers judicial process’,” linking to a newspaper editorial.

In a recent interview, David said his decision in Barnes v. State of Indiana had been misunderstood and mischaracterized. In the original 3-2 decision, David wrote, “We hold that there is no right to reasonably resist unlawful entry by police officers.”

The decision sparked a protest at the Statehouse and a vow among tea party activists and some libertarian activists to oppose David’s retention to a 10-year term on the Nov. 6 ballot. The court later revisited and narrowed its ruling, and legislation signed into law earlier this year made clear that Hoosiers may reasonably resist unlawful entry by police officers.

Appellate judges typically may not campaign for retention unless they face active opposition. Indiana Supreme Court spokeswoman Kathryn Dolan said David had received authorization to launch the website from the Judicial Qualifications Commission.

The website says it “was created and paid for by Justice Steven David.”



 

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