Ad deja vu

October 25, 2010
Back to TopCommentsE-mailPrintBookmark and Share

Reporter Mike Hoskins wrote today's post.

Consider 2010 an echo of the general election season back in 2008, when two attorneys were vying for the Indiana Attorney General post.

One ran an advertisement criticizing how the opponent had previously represented clients that are of the type that the AG would have to prosecute. Some attorneys took issue with that, saying it’s not fair to criticize lawyers for the clients they keep.

Now, the legal community in Marion County has a sense of déjà vu.

Leading up to the Nov. 2 general election, the Marion County Prosecutor’s race has brought those same issues to light. Prosecutor Carl Brizzi is leaving office at year’s end, and Republican candidate Mark Massa and Democratic candidate Terry Curry are battling for that post. Both have servitors in the state’s largest county, and Curry has also served as a defense attorney and mediator while Massa has most recently spent his time as counsel to Gov. Mitch Daniels.

Recently, Massa ran a television ad condemning Curry for defending a convicted child molester on appeal. A video is online at YouTube. The case involved Steven Young, and in 2001 on direct appeal the Indiana Supreme Court upheld the man’s convictions and 80-year aggregate sentence.

Using that as ad material, Massa created the commercial entitled, “One Question for Terry Curry” and poses whether the Democratic candidate can “get tough with child predators” when he has “no problem defending them?”

That ad has caused some Indianapolis attorneys to speak out against Massa, criticizing him for that ad.

Bob Hammerle – who raised concerns about the same issue in the 2008 AG race and unsuccessfully requested the Disciplinary Commission to weigh in – has spoken out. Lawyers shouldn’t be judged by the clients they keep, he believes, and says: “I’m so disappointed with Mark Massa that I can’t even find the words to describe it. This shouldn’t be allowed to stand from the lawyers’ perspective.”

Attorneys Jon Little and Ryan Ray are also disappointed and disgusted, saying that Massa has lost their votes.

“Your ad against Mr. Curry is essentially condemning him for upholding our oath and protecting the Constitution,” says a letter from Little and Ray to candidate Massa. “As attorneys we should be doing everything in our power to bolster the confidence in our judicial system and the offices of the court. In running your misleading advertisement, that condemns an officer of the court for doing his job, you have violated the very oath of the office of prosecutor should be so desperately trying to abide by following the current administration. You have disrespected the courts of justice, judicial officers, and the Constitution. Your condemnation of the actions of a fellow attorney simply upholding our sworn oath and the Constitution raises serious questions about your own integrity.”

At this point, no one has said they’ve contacted the Disciplinary Commission about Massa’s ad. But when Hammerle did that two years ago, he didn’t get very far. At the time, the agency didn’t find an appropriate basis for formal action because if dealt with public affairs and political discourse – the heart of the First Amendment.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT