Bill Schmalfeldt said he believed that the Carroll County State’s Attorney’s Office will not go forward with prosecuting him on any of the charges of violating the peace order against him because he believes that the peace order is defective. He said the charges would be dropped by yesterday. It appears he was wrong.
Injuria non excusat injuriam. That’s legal Latin for “injury does not excuse wrong.” It is a settled matter of law that the subject of a court order is bound to obey it, even if it is unconstitutional, until it is overturned by a higher court. Period. See the Supreme Court decision Howat v. Kansas, 258 U.S. 181, 189-90 (1922) [cited with approval in Walker v. City of Birmingham, 388 U.S. 307, 314 (1967)].
The questions in State v. Schmalfeldt are 1), was there a peace order in force (yes) and 2), did Bill Schmalfeldt contact, attempt to contact, or harass me in violation of that order? We will see what the State’s Attorney’s Office does and what the court finds.