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Agency wants one-year suspension

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Indiana Lawyer Rehearing

The Indiana Supreme Court’s Disciplinary Commission argues that a hearing officer’s recommendation of a public reprimand against Delaware County Prosecutor Mark McKinney is inadequate and the elected official should receive a one-year suspension.

In a 12-page brief filed Oct. 29, the commission analyzed the findings and recommendations submitted to the Indiana Supreme Court in late September by hearing officer and then-Boone Circuit Judge Steven David, who’s since been elevated to the state’s highest court. The former trial judge recommended a public reprimand in this case that revolves around McKinney’s personal private practice of pursuing civil forfeiture cases while serving as a deputy prosecutor and after becoming elected prosecutor. The disciplinary action is In The Matter of Mark R. McKinney, No. 18S00-0905-DI-220.

“The misconduct at issue here is serious and of long standing,” the brief states. “The Hearing Officer’s Findings of Fact and Conclusions of Law are clear and unequivocal; this respondent violated the law remorselessly. When viewed in the light of prior cases involving misconduct by prosecutors, the Hearing Officer’s recommendation of a public reprimand seems inappropriately low. Based on the prior cases, the Commission submits that a more appropriate resolution to this case would be to suspend the respondent indefinitely with leave to apply for reinstatement in no less than one year.”

McKinney can file a response brief to the commission’s claims and the hearing officer’s findings. Briefing should be finished by year’s end, and the justices will likely issue a disciplinary decision in 2011. McKinney completes his term as prosecutor this year after losing in the primary election, so he will no longer be in that position when the justices make a decision.

Rehearing "Discipline case poses questions on recusals, separation of powers" IL Oct. 13-26, 2010

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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