Though restrictions due to the coronavirus pandemic have forced Johnson County Public Library programs to move online, the Indiana National Lawyers Guild is still hoping to get information across that could protect protesters from abuses of police power.
The guild held an online information session Thursday in partnership with the local library, addressing the rights of protesters and how people can get involved as legal observers, bystanders who watch and record how police interact with protesters.
One of the most common misconceptions people have is thinking police officers will act in a lawful way. When they don’t, it’s up to the court system to hold them accountable, said David Frank, president of the Indiana chapter of the guild.
“I think right now, the most common misconception is that police officers will act according to the law,” Frank said. “A lot of times we will receive a concern or complaint from a protester that it doesn’t make sense what an officer has done. Just because it’s unlawful doesn’t mean they won’t do it regardless. The law is just a piece of paper. A court order is just something a judge has said; it’s not self-affecting. There has to be something done about it when public officials break the law.”
Protests ramped up this summer throughout the United States in the wake of the deaths of George Floyd and Breonna Taylor, two Black Americans who died at the hands of police officers this year. In June, more than 500 people attended an organized protest in Greenwood.
To hold officers accountable, protesters can seek to get involvement from the Indiana branch of the American Civil Liberties Union, or ACLU, Frank said.
“There are two things that individuals can do in a legal context; they can seek to prevent officers from breaking the law or seek a remedy once a law is broken,” Frank said.
“In Indianapolis and Fort Wayne, the Indiana ACLU has filed a lawsuit to prevent excesses of police power we’ve already seen. This might also happen in the future. If there is excessive force or an arrest against someone who shouldn’t be arrested, the remedy is to file a lawsuit against officers, to file a violation against constitutional rights.”
People can become legal observers if they wish to help protect protester rights. Legal observers alert protesters and police of their presence at protests, and act as reporters, recording interactions between police and protesters, Frank said.
“A legal observer is not an officially licensed position; they can be an attorney, law student, paralegal or concerned member of the public,” Frank said. “One of the most important functions is performing that court watch function, letting protesters know someone is on their side watching and letting police officers and public officials know they’re being watched and their excesses won’t be tolerated.”
Although not required, it is recommended that legal observers become members of the National Lawyers Guild to ease communication between themselves and the guild, and understand the expectations the guild has of legal observers. The guild has more than 50 members in Indiana, including dozens of legal observers, he said.
The rise of protests is largely guided by younger people, Frank said.
“Something I’m really impressed by is how this is being led by young people,” Frank said. “I’ve been around, going to protests, and it’s really being driven by ordinary young people from all walks of life who are tired of the way this country is run. They’re demanding things change and it’s really exciting to see this and the movement being driven and led by young people with a clear sense of right and wrong who are committed to the cause.”
