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Wednesday, October 03, 2012

Ind. Court - Justice David reportedly faces retention challenge

Updating this ILB entry from Sept. 17th, which was headed "Two members of the Indiana Supreme Court and four members of the Court of Appeals of Indiana are up for retention in the November general election," Jeff Neumeyer had this story late this afternoon on the Indiana News Center site. Some quotes:

Critics of one Indiana Supreme Court Justice are trying to convince Hoosier voters to throw Justice Steven David off the high court in the November election.

It appears as though Justice David is being targeted for his stance in one high profile ruling. * * *

Justice Steven David has served two years on the state supreme court, and by law, he is subject to a retention vote on the November ballot.

Critics want to oust him, mainly because he wrote the majority opinion in "Barnes versus the State of Indiana". [ILB - sic.]

Supreme Court Justice Robert Rucker, also up for retention, took the opposite view in the Barnes ruling.

Steven David held that the notion "Your home is your castle" is not a proper defense to the crime of battery or other violent acts on a police officer, adding that promoting safety trumps homeowner rights in such situations.

The story does not name or quote any of the critics. Neither does the accompanying video, but it does show a photo of a "Vote No Steven David" yard sign that includes a link to www.VoteNoJusticeDavid2012.com.

The ILB clicked the link and was redirected to the site: indianapolisteaparty.com.

ILB: The Indiana Code of Judicial Conduct, CANON 4's overall title reads: "A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity That is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary."

However, Rule 4.4 of the Canon permits "a candidate for retention who has met active opposition, [to] establish a campaign committee to manage and conduct a campaign for the candidate." The ILB has not yet seen any reports of creation of a Justice David campaign committee.

Posted by Marcia Oddi on October 3, 2012 06:42 PM
Posted to Indiana Courts