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Politics pivotal in legal world

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Some may say law and politics go together like love and marriage, but it’s more than a cliché when looking at how the Indiana legal community is being influenced and even transformed by the political process.

Lawyers and law firms are already seeing change based on what’s played out politically during the past year, while others are eying political possibilities personally or working behind the scenes to shape what’s expected to be a hot upcoming election season.

The change is evident: more political party leaders, elected prosecutors, and judges are moving on while attorneys holding varying ranks inside law firms have an eye for public office or want to influence those elections.

One of the biggest intersections between law and politics in the years ahead will be the race to determine who succeeds Indiana Gov. Mitch Daniels in 2012. Questions linger about whether the current governor, an inactive Indiana attorney, will pursue the presidency in two years.

Many eyes are on the state leadership race, which has some big names attached. Retiring U.S. Sen. Evan Bayh, an inactive attorney in Indiana who served as the state’s governor two decades ago, announced recently that he won’t again seek the post, but others remain in the running and the legal community is poised to play an active role.

Melissa Profitt Reese, a partner at Ice Miller and a previous managing partner at the firm, is part of a group laying the groundwork for Lt. Gov. Becky Skillman to run for governon as a Republican candidate–up until Skillman announced Dec. 20 she wouldn’t run. While it is not a part of her day-to-day her law firm duties, Reese is keeping a keen eye on the political process and through her own advocacy has been looking to shape how the ballot is formulated and what options voters have.

That involvement reflects a key point about how important it is for lawyers to play a part in the political process, she said.

“The contributions by the legal community to help create good government either by running for office or contributing behind the scenes is a great service the bar can offer to our communities,” she said, noting that law firms need to take care in how they approach those activities. “Typically it is prudent for a law firm to be balanced in its political activism regarding the various political parties.”

But not everyone who’s impacting the legal community makeup through politics is doing so through a “politically active” role. Some are leaving public office and returning to the law firm or practicing ranks where they started their legal careers.
 

Brizzi Brizzi

Following the November 2010 general election, the state has seen a number of experienced county prosecutors announce that they will be leaving office soon. One of those is Marion County Prosecutor Carl Brizzi, who didn’t seek a third term. After eight years in elected office, Brizzi said he is planning to create his own “hybrid” practice involving legal analysis, media relations, and reputation management.

His new venture comes on the heels of extensive public scrutiny and criticism in the past year about his decisions involving political and business relationships, as well as his handling of case-specific details being released to the media. The latter led to a pending disciplinary case alleging misconduct for how he released information on two high-profile criminal cases through news releases and press conferences in recent years.

“You have some returning to firms or doing senior prosecuting, but I see this as a unique hybrid kind of law practice,” Brizzi said. “With the evolution of media and social media, I’ve learned a lot and oftentimes you have a potential legal piece along with a separate reputation piece that impacts your practice. Folks don’t manage the reputation piece as well as they should, because at first you are in the crosshairs and so you duck and cover. That may not be the best approach to take, and if you don’t manage the response correctly, it can have even more ramifications.”

Aside from Brizzi, two other long-term prosecuting attorneys leaving office are Vanderburgh County Prosecutor Stan Levco and Delaware County Prosecutor Mark McKinney. Levco lost his re-election bid after 20 years in office and will now serve as a senior prosecutor and teach trial education at Indiana University Maurer School of Law in Bloomington. McKinney was ousted in the primary election and is now going to work with a former deputy prosecutor in Muncie on the criminal defense side.

At the heart of the political process, two lawyers are leaving their Republican Party leadership posts to focus on their legal work.

Tom John, an attorney and lobbyist at Ice Miller in Indianapolis, is stepping down as Marion County Republican Party chair, a position he has held since 2007, citing time challenges of the unpaid position. As the party chair, John has played a key role in the selection of precinct committeemen and the process used to slate county judges for the May primary elections.

The second is Indianapolis attorney J. Murray Clark, a partner at Baker & Daniels who was also a state senator for 11 years. Clark is leaving the state party chairmanship he’s held since early 2006.


clark-j-murray-mug Clark

Those two changes echo what’s happening elsewhere in the state, but also go hand-in-hand with what practicing attorneys are anticipating as the election season shapes up with potential candidates vying for different types of political positions and offices.

Former Indiana Attorney General Karen Freeman-Wilson has her eyes set on the Gary mayoral race next year, and the northern Indiana attorney and former city judge is using her experience implementing the local drug court program to demonstrate her qualifications for that leadership post.


kennedy Kennedy

In Indianapolis, Melina Kennedy is leaving Baker & Daniels this month to kick into full gear her campaign for mayor against first-term incumbent Greg Ballard. This is not the first time she’s pursued political office in the past several years, having gone up against Brizzi for Marion County Prosecutor in 2006. She began her career working for former Indianapolis Mayor Bart Peterson after law school and served as a deputy mayor during his term, and now she hopes to use that experience to become the city’s top leader.

“I came back to the practice of law that I love so much, but at the end of the day my heart is in public service,” Kennedy said. “I see how much good you can do in city government, and as I’ve had the opportunity to look at ways of getting back into that service, I thought this was a good time for doing that.”

Law students and recent law school graduates have an opportunity to use their legal educations to get started in government work, researching policy issues that fit their interests and possibly serving as a way into those political arenas, Kennedy said. It can be difficult with mounting law school debt, but she feels more should explore those possibilities.

“It’s great to see so many lawyers get involved in the process so actively, but our legal community is just one segment of a bigger political community that everyone’s a part of,” she said. “Studying the law, you can see why so many attorneys are involved: it’s because we have a true understanding of the process, and that means we need to have more involvement if that’s possible.”•

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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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