ILNews

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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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