A Nevada judge ordered a criminal defense attorney to remove a “Black Lives Matter” button Tuesday sparking controversy at the Clark County Regional Justice Center in Las Vegas.
District Judge Douglass Herndon ordered criminal defense attorney Erika Ballou to remove the pin, and said wearing the button in court was “inappropriate.” The judge referenced U.S. Supreme Court decisions that allow judges to prohibit political symbols in the courtroom. Ballou refused to remove the button and requested another judge hear the case.
Judge Herndon refused to recuse himself from the case, which concerned a battery conviction against a 61-year-old man, and assured the court that his policy was neutral and that it was in order to prevent outside influences in the courtroom.
Ballou asserted that her button was not a political symbol, and that rather, it was a “criminal justice issue.” “I believe a courtroom is the proper place to make issues about criminal justice, she said. “This is not political speech.”
While Ballou may not believe her button is political, and does not constitute a “disruption,” U.S. Supreme Court precedent does not require that a behavior or piece of apparel be disruptive in order to be banned in the courtroom. In a 1985 first amendment case, the Supreme Court expressed that judges have wide discretion on what to allow in the courtroom, stating that the first responsibility of a judge is to maintain order and decorum. The rules must be applied consistently and must be reasonable, according to the 1985 precedent.
Just last week, the police union representing Las Vegas police officers sent a letter to Chief District Judge David Barker, expressing concern about what they referred to as “Black Lives Matter” propaganda.
“We have received complaints from our member officers who believe that such displays have no place in courtrooms in which justice is to be dispensed,” Steve Grammas, Executive Director of the Las Vegas Police Protective Association said in the letter. “We are certain that the courts would not allow similar public displays from citizens who believe that killers should be sentenced to death or that sexual predators should be castrated,” Grammas related to the judge.
“While we embrace the First Amendment, we do not believe that such statements should be made in the halls of justice,” Grammas contended. The union asked the judge to take specific action, and urged the court to, “consider directing such protestors to reserve their displays for public forums,” the letter concludes.
Judges have taken action in the past against attorneys for wearing “Black Lives Matter” paraphenalia in court. An Ohio Judge removed an attorney from the courtroom and had her jailed in contempt of court for refusing to remove a Black Lives Matter pin in late July. The reasoning behind the Ohio contempt decision is purportedly similar to Herndon today, since it is based on U.S. Supreme Court case law permitting judges to prohibit symbolic political expression in courtrooms, even if it’s not disruptive.
The criminal defense attorney and other public defenders said that they have been wearing the Black Live Matter buttons for months, and will continue to do so, in defiance of the judge.
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