ILNews

Public defender finalists named

Michael W. Hoskins
January 1, 2008
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Two men vying for Marion County's top public defender spot will face public interviews next week before members of the county agency's governing board decide which one will ultimately be recommended for the position.

The Marion County Public Defender Agency's board of directors declined to release names publicly until today. The board is searching for someone to succeed chief defender David E. Cook, who is leaving the agency for Indianapolis immigration firm Gresk & Singleton.

Indianapolis defense attorneys Robert J. Hill Jr. and Eric K. Koselke are in the final running for the chief defender job.

But as the nine-member board moves into the final stretches of its search for a successor, it's investigating a potential conflict of interest. Because one of the two finalists works in the same firm as one of the voting members, that could mean only eight get to vote next week.

Board member Richard Kammen is a partner at Gilroy Kammen & Hill, the firm where Hill has practiced criminal defense since 2001. Kammen has been involved in the discussion phases so far, and a decision hasn't been made whether he'll participate in the public vote.

"We're still considering whether there's an issue," said board chairman Jimmie McMillian, an associate with Barnes & Thornburg. "We've discussed that but haven't decided how to proceed."

The board's legal counsel Logan Harrison couldn't be reached today, but the Hoosier State Press Association's legal counsel Stephen Key said the situation doesn't seem to rise to a state statute violation. Without knowing specifics, Key said the issue would be whether Kammen and the firm would gain in any way if Hill secured the top defender spot. An appearance of impropriety may be the only concern, but that doesn't rise to a statute violation level, he said.

"There may not be anything legally wrong, but what's the public perception?" Key asked. "If it appears that there's favoritism or a feeling of impropriety, then maybe they'd decide whether that person should step aside so no one could question (the vote) later."

An open meeting is scheduled for 11:45 a.m. March 12 in Room 260 of the City-County Building, 200 E. Washington St. Both Hill and Koselke will go through a third and final interview before the vote, McMillian said. The board interviewed 10 applicants Feb. 26 and trimmed the list to three: Hill, Koselke, and attorney Mark E. Kamish, who practices at Baldwin Adams Knierim & Kamish in Franklin. Kamish withdrew his name for "personal and professional reasons," according to McMillian.

Both finalists have extensive ties to the agency and experience handling a range of criminal cases. Koselke has been practicing since June 1985, working as a deputy state public defender for three years, chief public defender of Marion Municipal Courts for three years, six years working for the county defender's office, and for various private firms. He currently has his own firm devoted mostly to criminal defense, and he also serves as a special assistant to the state public defender.

Admitted to practice in January 1982, Hill has worked as deputy chief public defender from 1994 to 2000 and as a part-time defender since 1983 on juvenile and major felony cases. Hill is a board member for the Indiana Public Defender Council and has served as a past chairman. He also stepped down from the county defender agency's board recently to apply for this slot. Currently, Hill practices at Gilroy Kammen & Hill as well as being a contract public defender for the Indiana Federal Community Defenders.

Following the interviews, the board will send a recommendation for consideration by the City-County Council, which has final confirmation power.

This final action from the agency's board comes more than three months after Cook notified members he'd be leaving the agency he's led for 12 years. He planned to stay until mid-February but delayed his departure for a month to give the board more time to find a successor. It's unclear whether he'll be able to do that again. He has told Indiana Lawyer that he cannot stay past April 1, which means the board will likely have to appoint an interim director to fill the spot until Cook's successor gets the City-County Council's confirmation.

McMillian expects the council to vote in mid-April, but he emphasized this appointment is urgent and needs consideration as quickly as possible. The council met Monday and its next scheduled meeting is March 24, according to an online meeting calendar.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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