Braun’s top lawyer knows state government from the inside

Working for the state of Indiana isn’t anything new for attorney Patrick Price, Gov. Mike Braun’s newly-minted general counsel.

He has been serving Hoosiers in various state agencies for most of his legal career, starting in 2013.

A Yale Law School graduate from Indianapolis, he has provided legal guidance as general counsel for the State Budget Agency, Indiana Department of Revenue, Indiana Office of Technology and the Indiana Bureau of Motor Vehicles.

One of his most memorable state cases involved working on a team of attorneys representing Gov. Eric Holcomb in his lawsuit against the Legislature, challenging lawmakers’ assertion that they had the authority to call themselves into emergency session.

It was a classic fight over executive versus legislative powers.

At the height of the COVID pandemic, some lawmakers thought Holcomb was grabbing up too much authority by issuing executive orders regarding public health. The Legislature, which typically meets only a few months a year, wanted the authority to call itself into special session to keep a closer watch on the governor.

So lawmakers passed a law giving them that authority, but Holcomb quickly argued that the Indiana Constitution gives the governor the sole power to call a special legislative session.

Ultimately, the Indiana Supreme Court ruled in Holcomb’s favor, protecting the governor’s executive power.

“Being part of that team that gets vindicated at the highest level of review is a very good feeling,” Price said.

Now, Price brings all of that valuable experience to work as Braun’s general counsel — working to protect the governor’s legal interests, advising him on state and federal law, monitoring litigation that affects the state and serving as the governor’s legal advocate at all times.

Making the transition

Price began advising Braun’s transition team last year on state budget issues and a myriad of other topics because of his broad knowledge across much of state government.

“I ended up answering more and more and more questions and they, I guess, appreciated that and grew comfortable with me in that role. Then I got asked by Josh Kelley to be the governor’s general counsel,” Price said. “I very excitedly said yes.”

Kelley, Braun’s chief of staff, said Price was chosen for the role because of his vast knowledge of state government and his sharp legal mind.

“I think clearly, most importantly, you want somebody in the general counsel role who’s got a very brilliant legal mind. And I think Patrick clearly is second to none when it comes to that space,” Kelley said.

“Patrick is someone who’s got a very deep understanding of how all the elements of the executive branch function. And where are the opportunities for Gov. Braun to really implement, execute his agenda. And then can quickly answer complex legal questions that come up in that process,” Kelley said.

In the runup to Braun’s inauguration, Price helped prepare a lot of the documents Braun had to sign on day one, especially new executive orders and executive order renewals.

He also assisted with setting up the governor’s new cabinet and making sure new appointees met all the necessary legal requirements.

“Going forward, there’s going to be managing the legal work within state agencies, managing major litigation, regulation work,” Price said. “There’s clemency and pardons, which is a big issue, public records, major contract reviews, ethics questions for the office.”

Mark Ahearn, who was general counsel for Gov. Mike Pence, said he knows Price professionally and that he has a great disposition and personality for handling conflict.

He said those traits will come in handy because the general counsel for the governor needs to be thick-skinned.

“Typically, people get to be governor because they’ve relied on other people for counsel. And governors are going to get counsel from lots of people, not just you, so you can’t let your feelings get hurt if a governor doesn’t do what you suggest,” said Ahearn, who is now special counsel for strategic initiatives at Purdue University.

Ahearn said that while it’s important to be a good lawyer in order to be a good general counsel, it’s equally crucial to earn the trust of the governor and his inner circle.

“I think you get there by being responsive all the time,” said Ahearn, who recalled having two cell phones while working for Pence and rarely turning them off.

“They were always on because something happens all the time,” he said.

Indiana Supreme Court Justice Mark Massa, who served as Gov. Mitch Daniels’ general counsel for four years, said he first met Price while working as an assistant U.S. attorney for the Indiana Southern District.

“I think he brings just a great set of skills and experience to the job,” Massa said. “I’m very excited for him.”

He said one of the job’s roles is to serve as the chief ethics officer.

“That’s a point of pride for me, that in my four years plus the governor’s office, we never had even a hint of any ethical scandals,” Massa said.

He said it was also helpful to bring a fair amount of government and political experience to the role. Massa had previously worked in communications and was a speechwriter for Gov. Robert Orr.

“It was an immense privilege,” Massa said. “It was an exciting job to be working in an administration that was so consequential. And for working for, in my view, the most effective and successful governor in modern times.”

Price said he also feels privileged to work for the new Braun administration.

He said one of the joys of being general counsel so far is that there is such a wide variety of work to do. But a drawback is not being able to specialize in one area.

“You can’t be an expert in everything, and so knowing what you don’t know, and then having a network of people that you can reach out to when you don’t know the answer, to pick their brains” is a key to success, Price said.

Having that network of support helps give him confidence that he can handle the challenges that lie ahead.

“It’s going to be an exciting and interesting time and (I am) really looking forward to being part of the solution, and finding the solutions to these various problems,” Price said.•