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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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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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