Democrat stalwart said to be U.S. attorney nominee

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The U.S. Attorney's Office in Southern District of Indiana has been without a presidentially appointed U.S. attorney for more than two years - an extraordinarily long stretch for a position that usually can be filled in half that time.

Political watchers point to President Barack Obama's taking longer than his past two predecessors to fill the nation's top 93 federal prosecutor appointments. In the Northern District of Indiana, the president nominated acting U.S. Attorney David Capp in late December to fill that district's vacancy. Capp has been interim U.S. Attorney since July 2007 when then U.S. Attorney Joseph Van Bokkelen joined the District Court. His nomination is still awaiting confirmation. But in Indianapolis, another factor is contributing to the delay.

Sources said high-profile trial lawyer Linda Pence in October withdrew her candidacy, which was fronted by Democratic Sen. Evan Bayh, several months into the routine, yet extensive, vetting process.

Now the frontrunner for the post is Joe Hogsett, another Indianapolis lawyer, according to sources including Ed Treacy, chairman of the Marion County Democratic Party.

Neither Pence nor Hogsett would discuss details of their nominations, which they refused to even acknowledge.

Pence, who practices at the Indianapolis office of Cincinnati-based Taft Stettinius & Hollister, is a veteran white-collar criminal litigator. Her credentials include working at the Department of Justice from 1974 to 1983.

Hogsett, a partner at Indianapolis-based Bingham McHale, served as Indiana Secretary of State from 1989 to 1994, and was chief of staff for then-Gov. Bayh from 1995 to 1997.

"I think either one of them would make an excellent U.S. attorney," Treacy said. "Hopefully, they can get something done soon."

Because Bayh is foregoing an attempt at re-election in November, Treacy and other political insiders think a new U.S. attorney in Indianapolis could be named before he leaves office. Bayh gets to submit a candidate to the president because he's Indiana's senior senator belonging to the party occupying the White House. Phone calls to Sen. Bayh's office in Washington, D.C., were not returned.

After Obama's first year in office, just a third of his nominations had been confirmed by Congress, compared with more than half at roughly the same time under former presidents Bill Clinton and George W. Bush.

"One might expect things to move more quickly, but this president has been slower to nominate U.S. attorney positions," said David Orentlicher, a former state representative and professor at Indiana University School of Law - Indianapolis.

Both Orentlicher and Treacy attributed some of the cause for the delay to partisan politics.

"Because of the difficulty of the Republicans in the Senate holding everything up, that it would take such a long time to get done, [Pence] withdrew her name from being considered," Treacy said.

Senate-confirmed appointments to Department of Justice offices, particularly U.S. attorneys, are political in nature. They serve under the direction of the Attorney General and conduct most of the trial work in which the United States is involved. That includes the prosecution of criminal cases brought by the federal government, and the prosecution and defense of civil suits. Yet they really don't set policy but follow the strategies deemed important by the new administration, former U.S. Attorney Susan Brooks said.

In Indianapolis, the U.S. attorney manages a staff of about 80, including roughly 30 lawyers.

The Southern District has been without a presidentially appointed U.S. attorney since Brooks left in October 2007, about a year before Obama was elected president. Given the short time remaining before the election, political experts said it wouldn't have made much sense for Bush to nominate a successor.

Brooks, now general counsel and vice president of work force and economic development at Ivy Tech Community College, can appreciate what Pence endured.

Background checks conducted by the Justice Department and Federal Bureau of Investigation are quite extensive and typically comb through a candidate's past dating to his or her college years.

Criminal, political and financial histories are explored, as well as even the views expressed in written documents, said Brooks, whose nomination took 10 months to get confirmed in October 2001.

Brooks doesn't fault former President Bush for failing to recommend a replacement for her. But the time that has elapsed without a permanent U.S. attorney is "what's getting long now," she said. Such an extended period of time without a permanent replacement can create uncertainties, said John Maley, a partner at Indianapolis-based Barnes & Thornburg, who has a large federal practice. "It's not something that you would want to leave open indefinitely," he said, "just in terms of continuity and expectations and those types of things."

Moreover, having an interim U.S. attorney likely means the staff is short one lawyer, who is filling the position, Maley said.

That person would be Tim Morrison, a 20-year veteran of the Department of Justice, who has served as interim U.S. attorney twice before - in October 1993, and from February 2000 to October 2001. Morrison, who declined to specify a political slant, said he's not interested in being nominated for the job. "Politics has nothing to do with it," he said. "It's because I want to stay." U.S. attorneys are prevented from working in any position in the offices after they have finished serving. Morrison, like many of the lawyers on staff, boasts several years of federal legal experience. Newly appointed U.S. attorneys typically are prohibited from replacing staff, making turnover rare despite the enticements of a more lucrative private practice.

"They stay there because they love the work," Brooks said. "I think they love the fact that their client is the United States of America."


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.