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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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  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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