Brian E. Bailey

Brian Bailey is a trusted advisor and problem-solver. Over the last 20 years, Brian worked for an appellate judge and two governors as well as one of the largest law firms in Indiana.

Most recently, Brian has represented businesses and entrepreneurs in corporate formation and organization, contract drafting and review, and in-house counsel service. He has represented a state agency in contract drafting and review and governing board compliance. He has experience in helping tax-exempt organizations with formation, structure, and regulatory compliance. Brian has represented individuals and families in estate planning, guardianships, and adoption matters.

At Ice Miller LLP, Brian represented and advised individual clients and businesses small and large, from startups to Fortune 500 companies. These matters involved trade secrets, contract disputes, covenants not to compete, appeals, injunctions, and the creation of contracts and other legal instruments. Brian handled cases in all levels of the state and federal court system, from local trial courts to the Supreme Court of the United States.

In 2010, Governor Mitch Daniels appointed Brian as Commissioner to lead the state agency responsible for administering property tax reforms. Brian’s duties included issuing budget orders for local governments totaling $6 billion annually and deciding other property-tax issues and disputes.

Beginning in 2013, Brian served as Tax and Fiscal Policy Advisor to Governor Mike Pence. Governor Pence soon promoted Brian to serve as his State Budget Director, making him responsible for stewarding the state’s tax revenues and developing and managing a $30 billion annual state budget. Brian was a member of the Governor’s cabinet and served on the Governor's senior staff.

Professionally, Brian's greatest joy is helping clients navigate the law and take shelter under its protections.

Achievements

• Awarded a Sagamore of the Wabash from Governor Pence
• Practice in Bloomington Indiana 2017—present including but not limited to representation regarding
  • Businesses and nonprofits in document review, contract drafting, and regulatory compliance
  • State agencies in contract drafting and review, regulatory compliance, and governing board compliance
  • Tax-exempt organizations with formation, structure, and regulatory compliance
  • Families in estate planning, guardianships, and adoptions
• State of Indiana Budget Director (2013—2017)
  • Achieved highest level of reserves in state history at that time of $2.245 billion
  • Delivered balanced state budgets every year from FY14 through FY16
  • Maintained Indiana's AAA credit rating
• Appointed by Governor Daniels and served as the agency head and Commissioner of the Indiana Department of Local Government Finance (2010 to 2013)
• Awarded a Distinguished Service Medal from Governor Daniels
• Senior Associate Attorney for Ice Miller (2003—2009)
  • Business litigation and appellate litigation in state and federal courts
  • Appellate briefs for parties and amici in the Supreme Court of the United States, Seventh Circuit Court of Appeals, Supreme Court of Indiana, and Indiana Court of Appeals
  • Representation for a real estate developer, apartment owner, Fortune 500 defense contractor, Fortune 500 manufacturer, small family-owned business, international seed and plant genetics company, Indianapolis aerospace firm, multi-billion-dollar pharmaceutical firm, and national insurance company
  • Conducted depositions, including one through a Russian-English interpreter, and other discovery in complex litigation
• Judicial Law Clerk to Judge Baker of the Indiana Court of Appeals
• Phi Beta Kappa 

Activities & Affiliations

• Indiana State Bar Association
  • The Probate, Trust, and Real Property section
  • The Appellate Practice section
• Member of The Monroe County Bar Association
• Member of Hoosier Hills Estate Planning Council
• Adjunct Instructor, Indiana University School of Public and Environmental Affairs
• Past Executive Committee Member of National Association of State Budget Officers
• Member and Elder of Trinity Reformed Church
• Board of Trustees of Lighthouse Christian Academy
• Past Board Member of Cedars Christian School
• Speaker at Continuing Legal Education seminars on appellate advocacy and property tax
• Speaker before audiences of various state and local government officials
• Writer and past editor-in-chief of Indiana Law Journal
• Ally, Alliance Defending Freedom

Publications

The Indiana Supreme Court Instructs Practitioners on the Requirements of Administrative Rule 9

2009 Indiana Civil Litigation Review. Co-authored with Robert Gauss

Major Considerations Before Taking an Appeal

2007 Appellate Skills Institute, Indiana Continuing Legal Education Forum. Co-presented with Karl Mulvaney

The Interlocutory Appeal

2004 Appellate Skills Institute, Indiana Continuing Education Forum.

Federalism: An Antidote to Congress's Separation of Powers Anxiety and Executive Order 13,083

2000 Indiana Law Journal