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Aspiring attorneys general face off: Other campaigns get the spotlight, but this one deserves a closer look

Rebecca Berfanger
January 1, 2008
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With at least two very closely watched races in Indiana - governor and president - and multiple political theories about how either race will go, there's bound to be less attention paid to some of the other candidates.

But with Republican Gregory Zoeller and Democrat Linda Pence up for the attorney general post and the incumbent Steve Carter not running, this race is worth another look.

At stake is the oversight of the state attorney general's office, basically a very large law firm with 140 lawyers that represent more cases before the state appellate courts than any traditional law firm.

A public law firm

Zoeller compares his current role as chief deputy to the Indiana attorney general to that of managing partner at a law firm. But the attorney general's office would be called a "public law firm," he said.

Similar issues between private law firms and the state office are how they address recruitment and retention of employees and job satisfaction. However, deputy attorneys general typically make less than lawyers at private law firms of similar size.

Other differences are significant, Zoeller said, because "we only have one client, the state of Indiana and the people who live here." He contrasts this with a private law firm that would represent a number of clients and with those clients there is a business interest in terms of the number of billable hours.

Zoeller said that under Carter, the office also has created an emphasis on mediation when possible.

The current administration also has worked with people at various levels of the justice system to explain what it is that they can do to have fewer cases overturned on appeal. For instance, an exchange program between the deputy county prosecutors who work at the trial level and deputy attorneys general who work at the appellate level helps each get to know how the other works and what each could improve.

These exchanges and other information the attorney general's office has shared with county-level prosecutors, police departments, and others who work on cases at the trial level have helped boost the number of successfully defended cases on appeal from about 80 percent under Carter's predecessor to 93 percent now.

"I like to say it's up to county prosecutors to put criminals behind bars and the attorney general office's job to keep them there," he said.

There's merit to working with state agencies early on when they're making decisions to avoid situations that aren't legally defensible," he said.

Zoeller would continue the work he's been doing under Carter but would add a few programs. One program he'd like to implement is something similar to the "Do Not Call" list, which he helped implement under Carter, but would be an opt-in program for parents to protect their children from Internet predators.

A better place for all

While Pence may be unfamiliar intimately with how the office works, she thinks the role of the attorney general should be tougher than it already is. She would also look into what the office outsources and determine what could be done more efficiently.

"It is the top lawyer in the state. ... I think the attorney general must be a leader in analyzing situations, defending and prosecuting lawsuits when appropriate. ... It's primary mission is to make the state a better place for all of us," she said.

Pence comes to the campaign as a litigator who started her career with the U.S. Department of Justice where she worked from 1974 to 1983. She saw what worked in the DOJ's office and has already started thinking about what could be applied to the attorney general's office.

Currently, she's co-chair of the litigation section at Taft Stettinius & Hollister in Indianapolis and decided to run for office because she wanted to give something back to Indiana.

"I want to take this office to a whole other level," she said. "What I will do when I'm attorney general is first to set priorities that have not been set but in my view should be."

Among these priorities is the protection of children when it comes to both child fatalities and children targeted by predators, such as adults who volunteer at schools.

She said she also would take a more offensive stance when it comes to meth labs.

Pence also would take another look at what the state can do to help people facing mortgage fraud, foreclosures, and bankruptcies - especially when it comes to groups that may be more at risk, such as the elderly.

Role of office

While it's not that Zoeller wants these things to continue, he interprets the role of the attorney general's office as one that may sometimes help prosecutors with cases in their counties, but more often than not will leave county-level cases to the county prosecutors unless he's specifically asked for help.

And if there are allegations of fraud, he said the role of the office is to look for patterns and take action when necessary, based on the decision of the Consumer Protection Division.

However, Pence said that the mortgage crisis is something she's known about at least since the first or second year of the current administration, but it's something she doesn't think the office has taken seriously enough.

While Pence has been criticized in the media for having defended clients against the attorney general's office, she disagrees, saying that experience can only make her stronger.

After working as a prosecutor, representing defendants and plaintiffs on the civil side, "I know the tricks," she said.

In response to any concerns there may be about conflicts with former clients, Pence said it's just the nature of being in the practice of law and that they can happen all the time because it's always possible that someone is someone's former client, friend, or relative.

The winner of this race also may depend on the governor's race because Zoeller and incumbent Gov. Mitch Daniels have been publicly supporting each other as Pence and gubernatorial challenger Jill Long Thompson have publicly supported one another.

Or it may not matter.

Former political reporter, lawyer, and commentator who has been paying close attention to this race, Jennifer Wagner, said either way this is a race to watch.

"The two candidates from everything I've heard are raising a fair amount of money for paid media," she said. "This is not a high-profile race, which may mean that it's more in play because people don't know a lot about either candidate. I've been seeing more ads from both. ... A lot of folks are writing off this race, and I think you've got two strong candidates."

Wagner added that there may be more ticket splitting this year considering the close race between McCain and Obama, even though Indiana is traditionally a Republican state.

She added that the fact Pence is a woman may help her, especially if there are people who don't vote for Thompson but still want to vote for a woman.

"That's just pure political theory," Wagner said, adding that Pence and Zoeller's differing views on the role of the office may make a difference to some voters.

"I would guess nine out of 10 people in the general public don't know what the AG does," she said. "While in reality the office is an administrative role, people tend to think the AG is like the district attorney in 'Law & Order,' a courtroom brawler."

For more information about both candidates, including their campaign videos and biographies, visit their Web sites. Zoeller's campaign is available at http://www.z4ag.com; Pence's campaign is at http://www.lindaforag.com. Election Day is Nov. 4. •
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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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