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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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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