News and Tribune

November 6, 2012

2 Indiana justices survive retention votes

THE ASSOCIATED PRESS
Associated Press

INDIANAPOLIS — An Indiana Supreme Court justice who wrote a ruling that set off a public uproar has survived a rare political challenge.

Justice Steven David won his bid to remain on the state’s top bench Tuesday. David was appointed by Gov. Mitch Daniels in 2010 and won’t face another retention vote for 10 years.

Tea party activists urged voters to oust David because of a 2011 decision that residents didn’t have a right to resist police entry even if officers didn’t have a warrant. They said the ruling contradicted the constitutional defense against unreasonable searches and seizures.

Lawmakers later recast state law to deflect the ruling.

Indiana’s constitution was amended in 1970 to require justices to win periodic retention votes.

Justice Robert Rucker also was retained.