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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues