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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. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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