ILNews

President picks prosecutor for Northern District

Michael W. Hoskins
January 1, 2009
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The veteran federal prosecutor who's filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning.

David Capp, who's been a federal prosecutor for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van Bokkelen's confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several people who'd expressed interest in it and announced the nomination late Wednesday afternoon.

"He has a well-deserved record as a tough prosecutor, leading efforts to crack down on crime and root out public corruption," Bayh said in a news release. "He has served with distinction as Interim U.S. Attorney under both Republican and Democratic administrations, and he has the respect and support of Indiana law enforcement, judges, elected officials and community leaders. His legal experience, insight, background and temperament make him an excellent candidate for this difficult and important job."

Capp has worked for the U.S Attorney's Office since 1985, serving as second-in-command since 1991 and breaking up his tenure - in 1991 and again between 1999 and 2000 - to fill in as interim chief. Since taking the temporary post two years ago, Capp has continued his predecessor's push and reiterated his dedication to prosecute corrupt politicians, the office's hallmark activity. He said corruption prosecutions will remain a priority as long as he heads the office, and he's also said drug prosecutions should make the region safer for families.

Prior to federal service, Capp was a partner at Cohen & Thiros. He is a graduate of Valparaiso University School of Law.

This nomination requires Senate confirmation and that process, which begins at the Senate Judiciary Committee, will likely start in January. Sen. Bayh's spokesman Brian Weiss said there has been no indication when a nomination may come from the White House for the Southern District of Indiana, which has had Tim Morrison serving as acting U.S. Attorney since Susan Brooks left the job in 2007.
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  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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