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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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