ILNews

New chief public defender? Not yet

Michael W. Hoskins
January 1, 2008
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Nine people will soon decide whom they want to see as the next chief public defender for Indiana's largest county.

The Marion County Public Defender Agency's board of directors conducted second interviews March 4 with two applicants who want to succeed Chief Public Defender David E. Cook when he leaves the agency. A third had withdrawn his name prior to those interviews, according to board chairman Jimmie McMillian.

He declined to release any names and would only say the second interviews "went well." The board had interviewed 10 original applicants for the position Feb. 26.

Now, the board plans to meet for an executive session and subsequent public vote to decide on the appointment. Following Tuesday's interviews, the board planned to meet for a vote on March 6. But that plan was scrapped after the board's legal counsel informed members that Indiana's public access law requires 48 hours notice, McMillian said. A date hadn't been determined by Indiana Lawyer Daily deadline.

Once a decision is made, the board will make a recommendation to the City-County Council, which has the final say with a confirmation vote.

McMillian didn't know when that might happen but said it's urgent they consider this appointment as quickly as possible. It could take two meetings to complete the process, he said. The council met Monday, and its next scheduled meeting is March 24, according to an online meeting calendar.

Cook notified the board in early December 2007 of his plans to step down from the agency, where he's been for 12 years. He planned to stay until mid-February, but postponed his departure for a month to give the board more time to find a successor. Cook told Indiana Lawyer today that he has not been asked to stay longer, and that he couldn't stay past April 1. He will start work at Indianapolis immigration firm Gresk & Singleton.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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