Ad deja vu

October 25, 2010
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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.

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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