LEADERSHIP IN LAW 2023: Robert Hill

Marion County Chief Public Defender
Indiana University Robert H. McKinney School of Law, 1982

Why did you decide to enter the legal profession?

I decided to enter the legal profession because, at the time, I was uncertain about my future and what I wanted to do. I enjoyed public speaking, I enjoyed teaching and I had an optimistic outlook. I had a desire to help people. I had choices: grad school with a teaching assistantship, a job offer from Prudential and law school. I chose law school. Getting the acceptance letter was a big event. My friends advised me that lawyers make more money; I have spent a great deal of time proving them wrong.

Who is someone who has inspired you in your career?

I have been fortunate to have several people who have inspired me. My college mentor and debate professor, James Benson, was particularly helpful in college. He emphasized hard work and being nice to others. Forrest Bowman, whom I practiced with, was a brilliant lawyer. He was hardworking and always prepared. He helped me learn the business side of the law. I always had a lot of respect for Judge Patricia Gifford. I would describe her as firm but fair. She did not like wasting time, but if you were ready and competent, she would give you your time. She did not appreciate half-hearted effort. The environment in her court was, “justice results from hard work and competence.” She was willing to listen, even when I made her mad by pushing too far.

How do you spend your free time?

I spend my free time biking, exercising, fishing, reading, and watching college football and basketball. For me there is nothing more relaxing than sitting on a beach, watching the world go by; it is very peaceful and relaxing. Susie and I are striving for a beach retirement. We want to add travel to our retirement routine.

Do you have a secret talent?

My secret talent is cooking … just not well. I am talented enough for my own taste and enjoy cooking, but to describe it as a talent is probably not accurate. I also enjoy laughter. I fancy myself as a frustrated comedian. My family enjoys laughing with me at the standup routine that is my (lack of) culinary talent.

What drew you to public defense work, what do you enjoy about it and why have you stayed?

I enjoyed several things that drew me to public defense. It was always important to me to do something to help other people. I enjoyed public speaking and debate in college. In law school, litigation and criminal law and procedure classes were fun. I have been a public defender full- or part-time since 1985. What sustains me is the reward I get when helping someone being overwhelmed by the power of the system. For example, the thanks from a mom whose child you have just helped — a mother’s hug is not something you can put into the bank, but it is rewarding. Public defenders just do not get enough hugs and thanks. I have stayed with public defense because it is personally rewarding to try to improve the system. Recruiting young lawyers to work as public defenders is likewise rewarding. Taking steps to provide a holistic defense in conjunction with our social workers helps improve client outcomes. This also helps recognize that our clients are more than the accusations against them. Approaching criminal defense from a holistic perspective and not from a “we vs. they” perspective improves justice outcomes.

What advice would you give to a lawyer trying a capital case?

I have defended 25 capitally charged clients, and I am proud of the fact that none have received a death sentence. I have learned a lot — most importantly to have good mentors, as I did in Monica Foster and Arnie Baratz. Associate yourself with smart lawyers like I have been able to in Eric Koselke, Rick Kammen, and the capital lawyers in my agency: Ray Casanova, Ann Sutton and Deana Martin. You must look past the traditional concept of crime and punishment and look for the humanity behind the human beings on both sides of the case. Work hard to tell the stories that explain our being present in the case. It has been said that everyone is more than their worst moment; that is especially true in capital litigation. Treat people the way you would want to be treated, listen and try to understand. Hard work is not a bad thing. Most important is to channel your inner social worker to tell the client’s story.

What makes a good lawyer/judge?

In addition to hard work, I would say the ability to listen and treating people with dignity and respect — in short, not losing sight of the humanity. We are nothing without clients that need our help. A lawyer who treats our profession only as a business risks missing the most important aspect of what we do: helping other people. Frequently, they are people who desperately need our help and guidance. Maintaining civility and not losing sight of the humanity are key to good lawyering.

What’s the best advice you’ve ever received?

The best advice I received was to always associate myself with good lawyers. In addition to Forrest Bowman, I practiced with David Hennessy, an excellent criminal defense lawyer, and with Rick Kammen. Rick is an excellent lawyer. Rick and I defended a death penalty case as co-counsel. We both had similar practices and could learn from each other; I learned more from Rick than he from me. Shared competence improves everyone. When I started defending death penalty cases, I was fortunate to have Monica Foster as a mentor and friend. My mother was a strong influence in my life, always rooting for the underdog. She preached “treat people the way you want to be treated,” her twist on the golden rule. I have always tried to live that in my professional relationships. Finally, my first capital client admonished me when I was frantically trying to explain the case to him in our first jail meeting, “If you don’t slow down, you will kill yourself.” An amazing admonition from one so young and facing such a weighty charge to show his concern for me.

What is something you wish people knew about lawyers?

I wish people knew how much lawyers care about outcomes, humanity and search for justice. I wish lawyers were seen more as people, even with a difficult task at hand. I am amazed at the depth of care and concern lawyers in the Public Defender Agency have for their clients. I am honored to have worked with them over the years.

If you hadn’t pursued a legal career, what would you be doing?

If I had not gone to law school, I would probably be teaching. •

Read more Leadership in Law profiles.