ILNews

Public defender finalists named

Michael W. Hoskins
January 1, 2008
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Two men vying for Marion County's top public defender spot will face public interviews next week before members of the county agency's governing board decide which one will ultimately be recommended for the position.

The Marion County Public Defender Agency's board of directors declined to release names publicly until today. The board is searching for someone to succeed chief defender David E. Cook, who is leaving the agency for Indianapolis immigration firm Gresk & Singleton.

Indianapolis defense attorneys Robert J. Hill Jr. and Eric K. Koselke are in the final running for the chief defender job.

But as the nine-member board moves into the final stretches of its search for a successor, it's investigating a potential conflict of interest. Because one of the two finalists works in the same firm as one of the voting members, that could mean only eight get to vote next week.

Board member Richard Kammen is a partner at Gilroy Kammen & Hill, the firm where Hill has practiced criminal defense since 2001. Kammen has been involved in the discussion phases so far, and a decision hasn't been made whether he'll participate in the public vote.

"We're still considering whether there's an issue," said board chairman Jimmie McMillian, an associate with Barnes & Thornburg. "We've discussed that but haven't decided how to proceed."

The board's legal counsel Logan Harrison couldn't be reached today, but the Hoosier State Press Association's legal counsel Stephen Key said the situation doesn't seem to rise to a state statute violation. Without knowing specifics, Key said the issue would be whether Kammen and the firm would gain in any way if Hill secured the top defender spot. An appearance of impropriety may be the only concern, but that doesn't rise to a statute violation level, he said.

"There may not be anything legally wrong, but what's the public perception?" Key asked. "If it appears that there's favoritism or a feeling of impropriety, then maybe they'd decide whether that person should step aside so no one could question (the vote) later."

An open meeting is scheduled for 11:45 a.m. March 12 in Room 260 of the City-County Building, 200 E. Washington St. Both Hill and Koselke will go through a third and final interview before the vote, McMillian said. The board interviewed 10 applicants Feb. 26 and trimmed the list to three: Hill, Koselke, and attorney Mark E. Kamish, who practices at Baldwin Adams Knierim & Kamish in Franklin. Kamish withdrew his name for "personal and professional reasons," according to McMillian.

Both finalists have extensive ties to the agency and experience handling a range of criminal cases. Koselke has been practicing since June 1985, working as a deputy state public defender for three years, chief public defender of Marion Municipal Courts for three years, six years working for the county defender's office, and for various private firms. He currently has his own firm devoted mostly to criminal defense, and he also serves as a special assistant to the state public defender.

Admitted to practice in January 1982, Hill has worked as deputy chief public defender from 1994 to 2000 and as a part-time defender since 1983 on juvenile and major felony cases. Hill is a board member for the Indiana Public Defender Council and has served as a past chairman. He also stepped down from the county defender agency's board recently to apply for this slot. Currently, Hill practices at Gilroy Kammen & Hill as well as being a contract public defender for the Indiana Federal Community Defenders.

Following the interviews, the board will send a recommendation for consideration by the City-County Council, which has final confirmation power.

This final action from the agency's board comes more than three months after Cook notified members he'd be leaving the agency he's led for 12 years. He planned to stay until mid-February but delayed his departure for a month to give the board more time to find a successor. It's unclear whether he'll be able to do that again. He has told Indiana Lawyer that he cannot stay past April 1, which means the board will likely have to appoint an interim director to fill the spot until Cook's successor gets the City-County Council's confirmation.

McMillian expects the council to vote in mid-April, but he emphasized this appointment is urgent and needs consideration as quickly as possible. The council met Monday and its next scheduled meeting is March 24, according to an online meeting calendar.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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