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Lawyer elected U.S. Libertarian Party officer

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Mark Rutherford wants America’s third-largest political party to make inroads by showing competence at the grassroots level of government.

An Indianapolis business attorney has been elected second-in-command of the U.S. Libertarian Party. His ambition is to move America’s third-largest political movement from the margins to the mainstream by focusing on competence at the local office level.

“You don’t apply to be a CEO of a Fortune 500 company straight out of college. You start in the mailroom,” said Mark Rutherford, a partner with Thrasher Buschmann & Voelkel. “Why should people think we should lead national office until we’ve proved it at the City-County Council or county commissioner level?”

Libertarians elected Rutherford their vice chairman at their national convention in May. Rutherford, 50, is a New Albany native who grew up in Carmel, spent his teen years in Columbus, earned his undergraduate degree from Wabash College, and his law degree from Valparaiso University School of Law.

The son of Republican parents, Rutherford said he knew he wanted to be an attorney at age 8. His first law job was to serve for three years as a deputy prosecutor under Stephen Goldsmith. He then moved to private practice, where he focused on commercial and bankruptcy law, often serving as defense counsel for clients accused of white-collar crimes.
 

Rutherford Mark Rutherford

“The prosecution has lots of resources and an awful lot of power. It’s easy to be misused,” Rutherford said. “I feel much more satisfaction keeping government at bay and making sure it does things fairly.”

As you’d expect from a Libertarian, Rutherford’s views align with conservatives on many business issues. He bemoans the encroachment of regulation and criminal penalties in a wide number of areas, from fishing licenses to waste disposal to nursing home management. But on social issues like ballot access, civil rights and personal freedoms, he sides with liberals.

He wants government to keep an eye on the country’s borders, not its citizens’ bedrooms. Bottom line, he embraces the Libertarian view to abridge the rules for everyone, then live and let live.

“Congress would be better off if they tried to approach everything as simply as the 10 Commandments,” said Rutherford, who is married with no kids. “When you start adding all these regulations, you give a lot of control to the prosecution, because who knows what’s a crime anymore?”

Rutherford’s election to the Libertarian Party’s National Committee didn’t come out of the blue. He spent most of the last decade as chairman of the Indiana Libertarian Party with a strategy then, as now, of focusing on grassroots victories. Today six Libertarians hold Hoosier elected office.

“Building a party is a slow business, unless you get lucky or are a media darling,” he said.

Libertarians face a substantial foe for the top third-party bragging rights. Rutherford doesn’t like the term “fringe” for parties besides the Republicans and Democrats, but he acknowledges that the Tea Party currently has the most momentum among them.

Rutherford likes their enthusiasm, but finds Tea Party supporters inconsistent in their aim to reduce taxes without an equal emphasis on cutting spending. Tea Partiers share Libertarians’ dislike of the political dominance of Democrats and Republicans, but Rutherford said the Tea Party “picks and chooses when big government is OK,” and has too many members who still want their Medicare.

“Libertarians say you can’t have it both ways,” Rutherford said.

If history is any guide, neither the Libertarian Party nor the Tea Party is likely to compete with the Democratic or Republican parties in mainstream politics anytime soon, said Indiana University-Purdue University Indianapolis political science professor Brian Vargus. The United States actually has more than 50 active parties. The most successful in recent years was Ross Perot’s Reform Party, which not only had a well-known leader at the top of the ticket, but made significant inroads at the grassroots level in the 1990s.

The Reform Party’s fortunes have faded, Vargus said. That’s largely because sustaining a bottom-up political strategy in the long-term is incredibly difficult. Most people pay little attention to politics, Vargus said, and when polled, about a third of voters in any congressional district can’t name any candidate running. So they fall back on socialization and vote for the party their parents favored – or vote the opposite way for the same reason.

Grassroots efforts can have a big impact on local races, where investments in shoe leather could literally introduce a candidate to every voter. But bottom line, Vargus said, it’s tough for a political party to build sustainable support quickly.

“This would be equivalent to turning the Queen Mary around in the White River,” Vargus said.

Rutherford understands the challenge. But he said Libertarians are here for the long haul, and he’s committed to helping them gain ground.

“When I first got involved, one of the hardest, biggest things we had to overcome was no one had heard the word ‘Libertarian.’ Now the biggest problem is people misunderstand the term,” he said. “We’ve made the hurdle. It’s made the vernacular. Now we can educate people what it means.”•

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This story was originally published by the Indianapolis Business Journal July 6, 2010.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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