Misconduct complaint on AG ad

October 31, 2008
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With all the political ads showing on TV right now, it’s easy for us to tune them out. But one recent ad from the camp of Republican candidate for Attorney General Greg Zoeller has upset one Indianapolis criminal defense attorney so much that he’s reporting the ad to the Indiana Supreme Court Disciplinary Commission.

Attorney Bob Hammerle recently sent Indiana Lawyer a letter to the editor about the ad that attacks Democratic AG nominee Linda Pence for her past service as a criminal defense attorney. For those who haven’t seen the ad, or perhaps tuned it out, the language in the ad seems to try to impact negatively upon Pence’s character because she’s represented criminals. I couldn’t find the ad online, either on Zoeller’s Web site or on YouTube.

We received the letter after our deadline for the issue prior to the election, but we decided to publish excerpts here because Hammerle brings up some interesting points:

“… To listen to Mr. Zoeller’s pernicious ads, one would conclude that there is something dishonorable in representing a person accused of a criminal act. Even worse, Mr. Zoeller blatantly suggests that a criminal defense lawyer is somehow personally tainted by the accusations made against his or her client. That is as absurd as it is preposterous, and again I am certain that Mr. Zoeller fully knows it,” wrote Hammerle.

“…Years ago when I began my own practice as a criminal defense attorney, the late Judge Andrew Jacobs Sr. hired me as a public defender. In doing so, he told me that despite the fact that I will frequently be meeting human beings who have done contemptible things, that I was to represent each one as if they were my best paying client. He reminded me that in doing so, everyone’s right to liberty is enhanced.”

“…In pandering to public misperceptions about his own profession, Mr. Zoeller unintentionally calls into question his own competence to serve as the leading lawyer of this State.”

Speaking with Hammerle this afternoon about the ad, he said he’s brought the ad to the attention of the Disciplinary Commission, citing Rules 8.3(a) and 8.4(d) of the Indiana Rules of Professional Conduct. Hammerle said he’s upset that an ad endorsing one attorney – especially if the ad was approved by Zoeller – would openly denigrate another attorney. He said it’s not about political parties but disrespect from one attorney toward another.

Hammerle’s letter hits on an important point that the general public may not consider when it comes to accused criminals – they have the right to an attorney, whether they can pay for it themselves or tax dollars have to be used for public defenders. The ad endorsing Zoeller makes it seem like Pence, or criminal defense attorneys in general, are just as bad as the people they are defending. Being a criminal defense attorney may not be the most revered or positively viewed profession by the general public, but it’s a needed one.
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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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