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Lucas: More information is needed when judging the judges

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EidtPerspLucas-sigMy mailbox has been overflowing lately with political flyers. I can’t turn on the television without seeing a steady barrage of Pence vs. Gregg, Mourdock vs. Donnelly or, of course, Obama vs. Romney ads. I’m sure you can relate.

But up the street and around the corner from my Broad Ripple house, a yard sign caught my eye that didn’t involve the usual Democrat versus Republican political rhetoric. This simple, hand-painted sign called for the ouster of Supreme Court Justice Steven David.

I find this rather disjointed grassroots effort to remove a sitting Supreme Court justice from the bench both fascinating and disturbing.

On the one hand, it demonstrates the people exercising their right of free speech, and based on what I know of Justice David, no one would support that more than him. In this issue of Indiana Lawyer, the justice speaks about those who oppose him, saying: “If somebody feels strongly that they don’t like the decision, I would defend until my death their right to have that opinion. As painful as that may be personally, that is who we are” as a country.

As I’m sure most know by now, the decision Justice David refers to is Richard L. Barnes v. State of Indiana, issued by the Supreme Court in 2011. In the case stemming from police response to a domestic violence 911 call, Justice David wrote the majority opinion which held that “there is no right to reasonably resist unlawful entry by police officers.” While protests over the decision from those who felt it contradicted the Fourth Amendment and calls to remove the justice seemed to die down late last year, new life seems to have been breathed into the effort during this campaign season even though statutory changes made by the 2012 Legislature made the decision moot.

Still, public conversation is vital, and regardless of your stance on the issue brought to light through Barnes, it is good to see that the process can work. Judges rule based on their interpretation of the laws and Constitution; citizens voice their concerns if they do not feel those decisions, based on our rule of law, reflect society; and government reacts to effect change, if deemed appropriate. Opinions may not be unanimous, they may not always be correct, but the majority rules.

But on the other hand, the effort raises concerns about the understanding our citizenry has as to the role of a judge. I am certainly not the first to question this. Surveys tend to reveal that society at large knows little about the judiciary. Many people can not name members of their state’s supreme court. They tend to do a bit better with naming U.S. Supreme Court justices, but not significantly better.

Knowing this, it is not surprising that there is a lack of understanding in our society about how judges and justices arrive at the decisions they issue. Of course, I have no way of knowing if those behind this particular retention campaign effort understand that judges must rule using the laws and Constitution. Some have said they feel a line was crossed in this decision, but do they believe that line was crossed due to the interjection of personal or political opinion in the case or because the justices writing for the majority interpreted the law and Constitution differently than their detractors do?

Court-watchers say Justice David’s decisions have been fairly mainstream or middle of the road. Indiana attorneys gave him a favorability rating of 81 percent in the Indiana State Bar Association judicial survey. When Gov. Mitch Daniels chose Justice David to fill a seat on the Supreme Court, he said from him he heard, “the clearest expression of commitment to proper restraint in jurisprudence and deep respect for the boundaries of judicial decision making.” Gov. Daniels said, “He will be a judge who interprets rather than invents our laws.”

I understand that I am “preaching to the choir” when it comes to understanding the role of the judiciary. Regardless of your opinion of this particular judge’s work, or any judge’s work for that matter, it seems supporting the ouster of a judge based on one decision is dangerous. It seems to fly in the face of maintaining an independent judiciary. So is this, as they say, a teaching moment? Is it time for the choir to start singing?

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  • How condescending!
    Is it wrong for an ordinary citizen to disagree, not so much with a judge's decision but with a very poorly written ruling? Am I not 'educated' enough to have a voice? What if I simply feel that this Justice did a terrible job, most specifically on how he wrote the ruling, on a extremely important case? I thought he muddied the water and went beyond what the attorneys and the case regarded. If I majorly screw up an important project at my job I would face reprisal or possibly termination especially if it jeopardizes my employer. They would at least expect me to accept responsibility. I simply came to this site in research about how to make my retention vote and wanted to review these events objectively. (yes, I might be a rare breed that reviews the entire ballot before I go to vote.) However, I am amazed at arrogance expressed in this article. I don't believe you are an arrogant person. I tend to give most people the benefit of the doubt and I don't know you personally. So I want to ask, do judges and attorneys view citizens this way, an angry mob of mindless zombies that need to be schooled in the high and mighty ways of judicial workings? Or is the Judiciary too much for the meager concerned citizen to comprehend? No need to respond... I am just an ordinary citizen with no judicial qualifications.

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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