Lawyers group rebukes Modisett Judges complained about attorney general's reaction to dismissal of tobacco lawsuit.

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By Suzanne McBride Indianapolis Star/News INDIANAPOLIS (August 6, 1998) -- The Indianapolis Bar Association has issued a rare rebuke to the state's highest-ranking lawyer, Attorney General Jeffrey Modisett. In a letter sent this week to Modisett and two newspapers, the bar association takes the attorney general to task for harshly criticizing a local judge who dismissed the state's lawsuit against the tobacco industry. The bar association particularly is upset with Modisett for staging a dramatic news conference at which he crumpled, then tossed aside, a copy of the court order dismissing the case. During the July 24 news conference, the attorney general also accused Marion Superior Court Judge Gerald Zore of being a rubber stamp for the tobacco industry. The unusual letter, signed by bar association President Phil L. Isenbarger, was written after several local judges and at least one federal jurist contacted the legal group. The bar association's committee on unfair criticism reviewed the matter and concluded Modisett had acted inappropriately. "If the Indiana Attorney General can show such disrespect for the court and its orders, why can't others?" states the two-page letter. "The answer is simple, neither the average citizen nor the highest attorney in the state should show such public disregard toward the court or its rulings." Modisett was out of town Thursday and unavailable for comment. But his office released a letter the attorney general intends to send to the bar association, The Indianapolis Star and The Indiana Lawyer. In the letter, Modisett dismisses the bar association's concerns and raises questions about the law firm that employs the legal group's president. "I take Mr. Isenbarger's letter seriously, despite the fact that he is a partner in a local law firm that represents Philip Morris, one of the co-defendants in Indiana's tobacco lawsuit." Modisett also writes that Isenbarger's claim that "my comments could somehow encourage others to disobey court orders makes no sense." Isenbarger countered that it's "absolutely not relevant" that he works for Bingham Summers Welsh & Spilman, whose clients include a defendant in the tobacco case. The issue, he said, is the unfair criticism of Judge Zore, who, under judicial rules, cannot publicly comment on the matter. U.S. District Judge John Tinder agrees that Zore, and the judiciary, should be defended. He called the bar association after reading about Modisett's news conference. There's nothing wrong with disagreeing with a court order, Tinder said. But crumpling a copy of the order and throwing it aside overstep the bounds of civility, he said. "I would hope any lawyer and especially a lawyer of this stature would conduct themselves in a way that shows respect for the authority of a court." Tinder said Modisett should publicly apologize for his actions. But Modisett wasn't offering any mea culpas. In his letter, Modisett said he has accepted the court's order to dismiss the multimillion-dollar tobacco case and appealed the decision. And he vowed to "continue to fight for Indiana's children," especially the thousands of kids who will become smokers this year. The state's lawsuit charges that nine tobacco companies conspired to withhold information about the health effects of smoking and seeks reimbursement for public health costs. Marion County Presiding Judge Patricia Gifford said she, too, called the bar association after several of her colleagues on the bench expressed concern. Gifford said it's not uncommon for a lawyer to say or do something in the heat of the moment. Still, she was surprised by Modisett's behavior. "I think he has always behaved in a gentlemanly manner," Gifford said. "It was unfortunate, and I think it was very out of character."

 

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