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Lawyer takes leading role for a city, county

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In-House Counsel


You might describe attorney Chris W. Cotterill as a rising star in the Hoosier legal community.

At age 33 and less than a decade out of law school, he's gone from working as an associate at a private law firm, then serving as general counsel for a key state technology department, to becoming Indianapolis and Marion County's top in-house lawyer and now chief of staff for the city's mayor.

This is all within seven years of graduating in 2002 from what's now Indiana University Maurer School of Law - Bloomington.

While he's technically stepped out of the Office of Corporation Counsel and being the city-county's top lawyer after almost two years, Cotterill remains a key advisor for Mayor Greg Ballard and now considers himself a different kind of in-house counsel for the state's largest city.

"You can take the lawyer out of the courtroom, but you can't take the lawyer out of the person," he said. "This is very different from that of the corporate counsel, in that you're not handling litigation or discussing the latest Supreme Court decision, but you're using your skills as a lawyer to find common ground and be strategic."

Cotterill took over as chief of staff in December following the resignation of Paul Okeson, a non-lawyer who left to take another job. Cotterill describes his role in this job as providing counsel to the mayor and other administration officials. His duties come on the heels of his job as corporation counsel, where from January 2008 to December 2009 he was able to eliminate a backlog of about 200 discrimination claims and a severalyear-old backlog of civil-code violations, as well as reducing overhead expenses to shift more funds to increase the number of cases prosecuted against those civil-code violators. He also spearheaded Ballard's ethics-reform package that put higher ethical standards in place for officials, appointees, and employees.

For example, Cotterill said he coordinated the city's attorneys for the most efficiency. Prior to his arrival, every public records request required a review from city legal. Roughly 90 percent of those didn't need a specific review and could be handled administratively, Cotterill said, so he worked to de-lawyer that process.

Deputy chief counsel Samantha Karn succeeded Cotterill as corporation counsel and said her predecessor really paved the way for a more efficient legal department for Indianapolis.

Prior to joining Ballard's team, Cotterill served since early 2005 as general counsel for the Indiana Office of Technology. As part of that role, he managed the state government's official Web site at www. IN.govand that meant overseeing an annual budget of $150 million. Before that, he was a part of Gov. Mitch Daniels transition team, drafting many of the governor's initial executive orders and providing legal support on various topics.

The Indianapolis native graduated from Wabash College in 1999 and after graduating from law school in Bloomington in 2002 he became a Barnes & Thornburg associate handling commercial litigation defense.

Many of those same roles are what he's dealing with now as chief of staff, a position that doesn't require a law degree, but Cotterill said it only benefits him in handling those responsibilities.

"In my current role, I'm a corporation lawyer serving in a government position that doesn't require one to be a lawyer but can only be enhanced by having a lawyer in this role," he said.

He's using his legal experience and inhouse counsel background to navigate issues such as mass transit, hospital ownership, private taxing, and government referendums and reorganization.

"The law for me is much of what government is about, and I love it," he said. "You bring a lawyer's training to this job in looking at all of these topics. They all trigger legal issues, and it's about me knowing those legal issues are there and trying to get the right people to understand what's going on at a deeper level."

Rafael Sanchez, a partner at Bingham McHale in Indianapolis who went to law school with Cotterill, said his close friend and colleague had a lasting impact on the city's legal department and that continues in his current role.

"Government is a business and you have to treat it that way, and his in-house experience is pretty unique for a chief of staff," Sanchez said. "He's seen the bad side of the law - the litigation side - and he's seen the consequences of that angle and can now help make better legal decisions as counsel for Mayor Ballard. Putting all the litigation and business sides together, that's a perfect combination for running a city. Chris is the calm within the storm and has a genuine feel for getting the job done, in the legal world or not."

Noting that he's biased about his law school classmate, Sanchez wondered where Cotterill might end up after this - such as a bid for mayor someday. Whatever happens, he sees a bright future for his colleague.

While Cotterill isn't yet planning what his future holds, he knows he's been lucky in his first decade since graduating from college and law school. He doesn't expect that he'll ever return to a law firm environment simply because of the executive management roles he's held and his passion for serving in government.

"I really didn't think I'd be in government this long, but it's been really rewarding. I'm a part of making life better for people, and that's why I do it and enjoy it," Cotterill said. "You can make government sing for you, and it's a great, great thing. Government can't solve everything, but with the problems that we should approach, we can be very effective and that's the fun challenge."

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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