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Democrat stalwart said to be U.S. attorney nominee

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The U.S. Attorney's Office in Southern District of Indiana has been without a presidentially appointed U.S. attorney for more than two years - an extraordinarily long stretch for a position that usually can be filled in half that time.

Political watchers point to President Barack Obama's taking longer than his past two predecessors to fill the nation's top 93 federal prosecutor appointments. In the Northern District of Indiana, the president nominated acting U.S. Attorney David Capp in late December to fill that district's vacancy. Capp has been interim U.S. Attorney since July 2007 when then U.S. Attorney Joseph Van Bokkelen joined the District Court. His nomination is still awaiting confirmation. But in Indianapolis, another factor is contributing to the delay.

Sources said high-profile trial lawyer Linda Pence in October withdrew her candidacy, which was fronted by Democratic Sen. Evan Bayh, several months into the routine, yet extensive, vetting process.

Now the frontrunner for the post is Joe Hogsett, another Indianapolis lawyer, according to sources including Ed Treacy, chairman of the Marion County Democratic Party.

Neither Pence nor Hogsett would discuss details of their nominations, which they refused to even acknowledge.

Pence, who practices at the Indianapolis office of Cincinnati-based Taft Stettinius & Hollister, is a veteran white-collar criminal litigator. Her credentials include working at the Department of Justice from 1974 to 1983.

Hogsett, a partner at Indianapolis-based Bingham McHale, served as Indiana Secretary of State from 1989 to 1994, and was chief of staff for then-Gov. Bayh from 1995 to 1997.

"I think either one of them would make an excellent U.S. attorney," Treacy said. "Hopefully, they can get something done soon."

Because Bayh is foregoing an attempt at re-election in November, Treacy and other political insiders think a new U.S. attorney in Indianapolis could be named before he leaves office. Bayh gets to submit a candidate to the president because he's Indiana's senior senator belonging to the party occupying the White House. Phone calls to Sen. Bayh's office in Washington, D.C., were not returned.

After Obama's first year in office, just a third of his nominations had been confirmed by Congress, compared with more than half at roughly the same time under former presidents Bill Clinton and George W. Bush.

"One might expect things to move more quickly, but this president has been slower to nominate U.S. attorney positions," said David Orentlicher, a former state representative and professor at Indiana University School of Law - Indianapolis.

Both Orentlicher and Treacy attributed some of the cause for the delay to partisan politics.

"Because of the difficulty of the Republicans in the Senate holding everything up, that it would take such a long time to get done, [Pence] withdrew her name from being considered," Treacy said.

Senate-confirmed appointments to Department of Justice offices, particularly U.S. attorneys, are political in nature. They serve under the direction of the Attorney General and conduct most of the trial work in which the United States is involved. That includes the prosecution of criminal cases brought by the federal government, and the prosecution and defense of civil suits. Yet they really don't set policy but follow the strategies deemed important by the new administration, former U.S. Attorney Susan Brooks said.

In Indianapolis, the U.S. attorney manages a staff of about 80, including roughly 30 lawyers.

The Southern District has been without a presidentially appointed U.S. attorney since Brooks left in October 2007, about a year before Obama was elected president. Given the short time remaining before the election, political experts said it wouldn't have made much sense for Bush to nominate a successor.

Brooks, now general counsel and vice president of work force and economic development at Ivy Tech Community College, can appreciate what Pence endured.

Background checks conducted by the Justice Department and Federal Bureau of Investigation are quite extensive and typically comb through a candidate's past dating to his or her college years.

Criminal, political and financial histories are explored, as well as even the views expressed in written documents, said Brooks, whose nomination took 10 months to get confirmed in October 2001.

Brooks doesn't fault former President Bush for failing to recommend a replacement for her. But the time that has elapsed without a permanent U.S. attorney is "what's getting long now," she said. Such an extended period of time without a permanent replacement can create uncertainties, said John Maley, a partner at Indianapolis-based Barnes & Thornburg, who has a large federal practice. "It's not something that you would want to leave open indefinitely," he said, "just in terms of continuity and expectations and those types of things."

Moreover, having an interim U.S. attorney likely means the staff is short one lawyer, who is filling the position, Maley said.

That person would be Tim Morrison, a 20-year veteran of the Department of Justice, who has served as interim U.S. attorney twice before - in October 1993, and from February 2000 to October 2001. Morrison, who declined to specify a political slant, said he's not interested in being nominated for the job. "Politics has nothing to do with it," he said. "It's because I want to stay." U.S. attorneys are prevented from working in any position in the offices after they have finished serving. Morrison, like many of the lawyers on staff, boasts several years of federal legal experience. Newly appointed U.S. attorneys typically are prohibited from replacing staff, making turnover rare despite the enticements of a more lucrative private practice.

"They stay there because they love the work," Brooks said. "I think they love the fact that their client is the United States of America."

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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