ILNews

Chief PD: No one forced me out

Michael W. Hoskins
January 1, 2008
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The top public defender in Marion County said he wasn't forced to leave the agency for any reason, though he does worry that politics could play into the naming of his successor.

Indiana Lawyer put the question to David E. Cook after reading a posting on Ruth's Blog, a Web log devoted to news and commentary. The posting claimed that Cook was forced from his job for political reasons.

While Cook is cognizant that his position is a political one and attempts have been made in the past to further politicize the office, he said that no one forced his hand when he resigned late last year. Politics was one of many reasons for his decision, he said.

"As I've said before, you have to have a fire in your belly for this, and it's not there anymore," he said. "I wasn't up for the political fights, the budget-setting process, the fire you need to do this work, all of that. It was time to pass the baton on to someone else."

But Cook is concerned about politics when it comes to the person who will take charge of the office he's led for 12 years.

"I work in a political world, but I've never been a political person," he said. "Politics hasn't mattered to me in this office. Sure, this is a political position; I've always known that just because of the visibility and nature of the (City-County Council) confirmations. But we haven't played politics here."

One of the issues he regrets not changing is how the council reconfirms the chief public defender each year. Cook hopes that's the first task his successor takes on and something the agency's board addresses, possibly looking at giving the public defender a term similar to what elected prosecutors have.

"If this position goes to a political hack and the agency starts going backward, it'll be sad and distressing," Cook said. "But it's not my problem."

Cook is stepping down March 15 from the agency's top post, where he's served since 1995. He is going to work at Indianapolis immigration firm Gresk & Singleton - something that's been in the works since spring 2007, he said. Originally, he'd planned to leave by Feb. 15 but decided to stay longer to give the board more time to find a successor without having to name an interim director.

The attorney who chairs the Marion County Public Defender Agency's governing board also said that politics isn't at play in appointing someone to succeed Cook, and board members plan to fairly interview all applicants and appoint the person they believe will be the best choice.

"I think the process we have now is designed to de-politicize that," said board chairman Jimmie McMillian, an associate with Barnes & Thornburg. "Politics are completely irrelevant in this, and we've always strived as a board to be non-political. We want to find the best person to fill this position. If it were up to us, Dave would be over there forever."

McMillian emphasized that the nine-member board is committed to having an interview process free from politics. Ten attorneys applied for the position by the Feb. 1 deadline; first interviews are planned for Feb. 26 and second interviews are set for March 3. The board will determine the next step after those second interviews, McMillian said. The City-County Council must confirm the appointment.

Members plan to ask each candidate to talk about four agency-important topics during their interviews: the ability of public defenders to continue in private practice, the office's budget priorities, training of public defenders and staff, and the screening process to make sure all indigent clients are being adequately identified.

"That sends a message of how serious we are as a board about appointing someone in a non-political way," McMillian said. "We don't care what political party you are but want to make sure you have good answers about these important issues."

Former chairman Jon Bailey with law firm Bose McKinney & Evans said that any public defender needs to be able to work with everyone in the courts and City-County Building, despite any political affiliations. While federal caselaw recognizes that political affiliation may be a legitimate consideration in top policymaker positions, Bailey pointed out that any political-affiliation test used during the appointment process would be wrong.

"In the Marion County context, given the history of the board and agency, permitting a political-affiliation test would be absolutely wrong and a huge step backward," he said.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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