ILNews

Lawyer elected U.S. Libertarian Party officer

Back to TopE-mailPrintBookmark and Share

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.”•

__________

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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 ...

ADVERTISEMENT