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Attorney general wants to rewrite civil forfeiture law

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Indiana Attorney General Greg Zoeller is asking legislators to make changes to the state’s civil forfeiture law during the 2011 session. He wants to work with lawmakers to create and pass a bill that establishes a formula on how forfeitures would be distributed and enacts stricter regulations on the use of outside counsel to file civil forfeiture actions on behalf of prosecutors.

The announcement comes days after a lawsuit filed in August in Marion Superior Court was unsealed, which claims prosecutors have violated statute that directs money from civil forfeitures that exceed law enforcement costs to be transferred to the Indiana Common School Fund, which loans schools money for technology and construction projects.

Current law allows police and prosecutors to seize the proceeds of the crime from the offender and file a forfeiture action to use those proceeds to fund law enforcement efforts. Some say the law is too vague and prosecutors have various interpretations for calculating law enforcement costs that may be funded by the forfeiture proceedings.

“Under the current law, prosecutors have a great deal of autonomy to decide how to direct any civil forfeiture funds they recover from drug offenders they sue. There needs to be clarity of intent from the Indiana General Assembly as to whether assets seized and forfeited from criminal defendants should be directed to law enforcement to fund drug interdiction and enforcement efforts, or to the Common School Fund,” Zoeller said in a statement. “The place to have that debate is in the legislative branch which has the ability to change the statute – not in court, through a lawsuit.”

Zoeller is recommending legislators draft a bill that would allocate a specific, consistent percentage of the forfeitures to law enforcement agencies, county prosecutors, and the Common School Fund. He also believes Indiana needs stronger controls governing when prosecutors can hire outside counsel and that there should be limits on the contingency fees that outside counsel can get in civil forfeitures.
 

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  • The Constitution has already deal with what the AG proposes to do.
    Article 8, §2 of the Constitution of Indiana states, in its pertinent part, that:
    The Common School fund shall consist of . . . the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue.

    Article 8, §3 of the Constitution of Indiana states, in its pertinent part, that:
    The principal of the Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of Common Schools, and to no other purpose whatever.
    ===
    The Constitution would have to be changed to allow law enforcement to lawfully receive any value of the fine or forfeiture.

    Occasionally there is a legal question with a simple answer. This is one of them.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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